Buchner v. Chicago, Milwaukee & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Cassoday: “During the times in question the plaintiff owned and occupied as a homestead a lot of about an acre and a half of land in the town of Waukesha, fronting northeasterly upon and extending to the center of the South Milwaukee road, or Broadway, — such front being about 250 feet in extent, and the line of such front running in a northwesterly and southeasterly direction.
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APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Cassoday: “During the times in question the plaintiff owned and occupied as a homestead a lot of about an acre and a half of land in the town of Waukesha, fronting northeasterly upon and extending to the center of the South Milwaukee road, or Broadway, — such front being about 250 feet in extent, and the line of such front running in a northwesterly and southeasterly direction. The southeasterly side of said lot was upon the Prospect Hill road. In 1881 the defendant constructed its railroad track in…
1Opinion of the CourtCassoday, J.
The facts in this case are substantially the-same as in Buchner v. C., M. & R. W. Ry Co., 56 Wis., 403; We are informed by the learned counsel for the appellant that “ this appeal is taken upon the assumption that most that was delivered in that opinion was merely obiter, unnecessary to the decision of that case, and not binding upon the parties, and much of it upon points not argued, and that Mr. Justice LyoN was [there] led into the expression of opinions'which-caúnot be sustained upon reason or authority.” The correctness ,of- this-assumption, of course, depends upon the record of that…
2Cases cited8 opinions
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Chase v. American Cartage Co.Wisconsin Supreme Court · 1922
- Toncray v. BudgeIdaho Supreme Court · 1908
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Wisconsin Power & Light Co. v. City of BeloitWisconsin Supreme Court · 1934
37 more not listed; retrieve them via the Exa API.