Driver v. Western Union Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. Chapter 16, P. & L. Laws of 1854, .entitled “ An act to amend the charter of the Racine, Janesville & Mississippi Railroad Company,” contained the following provisions: “It shall be lawful for said company * * * to enter upon any land for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage; and when said route shall be determined by the said company, it shall be lawful…
Read the full summary
APPEAL from tbe Circuit Court for Racine County. Chapter 16, P. & L. Laws of 1854, .entitled “ An act to amend the charter of the Racine, Janesville & Mississippi Railroad Company,” contained the following provisions: “It shall be lawful for said company * * * to enter upon any land for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage; and when said route shall be determined by the said company, it shall be lawful for them * * * at any time to enter upon, tahe possession of and use such lands, not exceeding one hundred and thirty…
1Opinion of the CourtCole, J.
It is very clear to our minds that there was no error in the ruling of the court below in holding that the jury, in estimating the damages, should consider the value of the premises as of the 7th day of May, 1870, the time of the taking and condemnation of lot 7 for railroad purposes. This is the time the land was actually taken by the company under its charter, and when the commissioners appointed to appraise the damages made their award. The charter makes it the duty of the commissioners to view and examine the lands which are taken for the use of the road, with the buildings and…
2Cases cited7 opinions
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Welch v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
- Merwin v. DayWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Muller v. Southern Pacific Branch Railway Co.California Supreme Court · 1890
- Klump v. CybulskiWisconsin Supreme Court · 1957
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Jeffery v. OsborneWisconsin Supreme Court · 1911
19 more not listed; retrieve them via the Exa API.