Hutchinson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for J'anecm, County. This action has been twice tried, and each trial resulted in a judgment for the plaintiff. The first judgment was reversed by this court on appeal. The report of the case upon that appeal (37 "Wis., 582) contains a sufficient statement of the nature of the action, tbe contract or instrument upon which it was founded, and the pleadings, together with a plat of the premises affected by the action.
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APPEAL from the Circuit Court for J'anecm, County. This action has been twice tried, and each trial resulted in a judgment for the plaintiff. The first judgment was reversed by this court on appeal. The report of the case upon that appeal (37 "Wis., 582) contains a sufficient statement of the nature of the action, tbe contract or instrument upon which it was founded, and the pleadings, together with a plat of the premises affected by the action. This present appeal was; taken by the defendant from the second judgment. The record in the last trial is sufficiently stated in the opinion. They…
1Opinion of the CourtLvoN, J.
I. On the former appeal (37 Wis., 582), it was determined, on the pleadings, that the action is on the instrument set out in the complaint and also in the report of the case on that appeal; that the defendant company, by accepting and recording such instrument and by entering upon and constructing its railway across the plaintiff’s premises under and by virtue of it, became bound by its provisions; and hence, that if the defendant constructed its railway on such premises nearer than seven rods from the east line of the plaintiff’s grist mill, or so as to interfere with or injure his mill dam,…
2Cases cited5 opinions
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- McEvoy v. LoydWisconsin Supreme Court · 1872
- Heeron v. BeckwithWisconsin Supreme Court · 1853
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
3Cited by41 opinions
- Doty v. BarnardTexas Supreme Court · 1898
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
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