Weyer v. Chicago, Wisconsin & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The defendant railroad company instituted proceedings for tbe condemnation of a strip of land 100 feet wide, comprising three and 48-100 acres, across a farm which the plaintiff claimed to own. The commissioners of appraisal awarded the sum of $300 as compensation for the land taken and for the damage sustained by reason of such faking. This amount was paid into court.
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APPEAL from the Circuit Court for Washington County. The defendant railroad company instituted proceedings for tbe condemnation of a strip of land 100 feet wide, comprising three and 48-100 acres, across a farm which the plaintiff claimed to own. The commissioners of appraisal awarded the sum of $300 as compensation for the land taken and for the damage sustained by reason of such faking. This amount was paid into court. The plaintiff appealed from such award to the circuit court, and there obtained a verdict fixing the value of the land taken at $262.50, and the damage to the balance of the…
1Opinion of the CourtCole, C. J.
The errors assigned in this case are to certain portions of the charge, and to the refusal of the court to give an instruction.
First. It is claimed that the court erroneously instructed as to the measure of damages. The court submitted two questions to the jury: “ (1) What'was the fair market value of the three acres and a half, in round numbers, actually taken by the railroad? (2) What was the damage to the balance of the plaintiff’s farm by the construction of the defendant’s road through said farm?” The learned circuit judge made some pertinent remarks in regard to the first question,…
2Cases cited3 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
3Cited by30 opinions
- State v. PetersonMontana Supreme Court · 1958
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- City & County of Denver v. QuickSupreme Court of Colorado · 1941
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Brazos River Conservation & Reclamation Dist. v. CostelloCourt of Appeals of Texas · 1943
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