Watson v. Milwaukee & Madison Railway Co.
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Waulcesha County. The case is thus stated by Mr. Justice Taylor:, “ This is a proceeding under the statute to take a part, of a tract of land situated in the village of "Waukesha, belonging to Elizabeth J. Watson, Ellen D. Monteith, Hattie L. Gove, and Mattie E. Cole, heirs of William White, deceased, for the track of the respondent’s railway through said village, and to assess the damages which the said company ought to pay for taking the…
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APPEAL from, the Circuit Court for Waulcesha County. The case is thus stated by Mr. Justice Taylor:, “ This is a proceeding under the statute to take a part, of a tract of land situated in the village of "Waukesha, belonging to Elizabeth J. Watson, Ellen D. Monteith, Hattie L. Gove, and Mattie E. Cole, heirs of William White, deceased, for the track of the respondent’s railway through said village, and to assess the damages which the said company ought to pay for taking the same. The administrator was made a party to said proceeding, as a person having some interest in said tract of land…
1Opinion of the CourtTatloe, J.
The first question raised by the learned counsel for the appellants in this case is one of considerable im*338portance, relative to the practice to be pursued in cases of this kind under the statute. The learned counsel has made a very forcible argument for the purpose of showing that in all proceedings by railroad companies under the statute to condemn lands for the use of the company, and to ascertain and assess the damages the owners thereof are entitled to as against the railroad company taking the same, every party having a separate estate or interest therein has the right to have his…
2Cases cited26 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- May v. SladeTexas Supreme Court · 1859
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Austin v. HallNew York Supreme Court · 1816
21 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
49 more not listed; retrieve them via the Exa API.