Sinnott v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In the latter part of 1872, the N orth western Union Nail way Company laid the tracks of its railroad along Beach street in the city of Milwaukee, and that company and its successor in1 interest, the Chicago dk Northwestern Bcdlwa/y Company, have ever since operated such railroad over and upon suck tracks. Beach street runs north and south, and the tracks are all laid east of the center of the street.
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APPEAL from the Circuit Court for Milwaukee County. In the latter part of 1872, the N orth western Union Nail way Company laid the tracks of its railroad along Beach street in the city of Milwaukee, and that company and its successor in1 interest, the Chicago dk Northwestern Bcdlwa/y Company, have ever since operated such railroad over and upon suck tracks. Beach street runs north and south, and the tracks are all laid east of the center of the street. Blocks 84 and 85 abut Beach street on the west side, and directly opposite thereto blocks 110 and 111 abut it on the east side thereof. No…
1Opinion of the CourtLyoN, J.
The lot of the respondent all lies west of the center line of Beach street, and the railroad tracks were laid down and remain east of that line. Hence none of the respondent’s land has been taken by the railroad company. Before the enactment of ch. 255, Laws of 1889, he could not have maintained condemnation proceedings in respect thereto. Such was the settled law of this state down to the time of such enactment. Heiss v. M. & L. W. R. Co. 69 Wis. 555, and cases cited; Trustees v. M. & L. W. R. Co. 77 Wis. 158; Smith v. Eau Claire, 78 Wis. 457. The rule of these cases has been ably…
2Cases cited3 opinions
- Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
- Heiss v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1881
- Trustees of the First Congregational Church & Society v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1890
3Cited by1 opinion
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892