Hobart v. Milwaukee City Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff, owning part of a lot fronting on East Water street, in the city of Milwaukee, and occupying, with his business as a wholesale merchant, the building erected thereon, brought this action to restrain the defendants from building and operating a second track for its horse railway along said street, over that portion thereof which plaintiff claimed to own in fee (as a part of his said lot), “ subject only to the…
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff, owning part of a lot fronting on East Water street, in the city of Milwaukee, and occupying, with his business as a wholesale merchant, the building erected thereon, brought this action to restrain the defendants from building and operating a second track for its horse railway along said street, over that portion thereof which plaintiff claimed to own in fee (as a part of his said lot), “ subject only to the right of the public to use the same for the purposes of an ordinary highway.” The complaint averred that defendant was…
1Opinion of the CourtDixon, C. J.
The question involved in this case is one which has undergone very thorough examination in the courts of several of the other states, and it is improbable that any new argument or consideration can now be advanced upon either side of it. We shall not attempt to advance any, nor shall we rejieat *199what others have said, but content ourselves with a simple statement of our conclusion, with a reference to those cases by which it will be found to be fully sustained. The examination of the question has resulted in some conflict of opinion and decision in other courts. In New York it has been held,…
2Cases cited4 opinions
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Elliott v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1860
- New Albany & Salem Railroad v. O'DailyIndiana Supreme Court · 1859
- Sargent v. Ohio & Mississippi RailroadOhio Superior Court, Cincinnati · 1854
3Cited by32 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Chicago & Calumet Terminal Railway Co. v. Whiting, Hammond & East Chicago Street Railway Co.Indiana Supreme Court · 1894
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
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