Pettibone v. La Crosse & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia, County. The nature of this action is stated in the opinion of the court. The complaint, which was filed in January, 1860, after stating the unlawful appropriation of the plaintiff’s land to the use of the railroad company, and that no compensation had been made therefor, demanded that the damages which he had sustained might be assessed, and the defendants be adjudged to pay the same, and that in the mean time and until such…
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APPEAL from the Circuit Court for Columbia, County. The nature of this action is stated in the opinion of the court. The complaint, which was filed in January, 1860, after stating the unlawful appropriation of the plaintiff’s land to the use of the railroad company, and that no compensation had been made therefor, demanded that the damages which he had sustained might be assessed, and the defendants be adjudged to pay the same, and that in the mean time and until such compensation were made, the defendants should be enjoined from running cars oyer the land. The answer alleged, among other…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought to enjoin the defendants from running their cars across the plaintiff’s land, upon the ground that no compensation has been made for the land. The counsel for the appellants contended that the decision of this court in the case of Davis vs. The La Crosse & Milwaukee R. R. Co., 12 Wis., 16, should be overruled, and that no injunction should be granted to restrain a railroad company from running their cars over any land upon which they had built their track, until it appeared that the compensation for the land had been legally ascertained. It was…
2Cases cited3 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Blakesley v. JohnsonWisconsin Supreme Court · 1861
- Davis v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1860
3Cited by15 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Carl v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1879
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
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