Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Suit for specific performance of contract made November 20, 1884, between tbe parties, recognizing application by tbe defendant, and consent by tbe plaintiff, that tbe former should cross tbe tracks of tbe latter at a point designated, near Ean Claire, upon tbe following terms and conditions: “First.
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Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Suit for specific performance of contract made November 20, 1884, between tbe parties, recognizing application by tbe defendant, and consent by tbe plaintiff, that tbe former should cross tbe tracks of tbe latter at a point designated, near Ean Claire, upon tbe following terms and conditions: “First. Tbe cost of making and maintaining said crossing shall be wholly paid by tbe party of tbe second part, and said crossing shall be made and maintained in tbe best manner. “Second. In case tbe party of…
1Opinion
The appellant moved for a rehearing, and the following opinion was filed February 18, 1902:
Dodge, J,
By the former opinion this case was disposed of, and the judgment affirmed on the ground that until plaintiff required of defendant a flagman, switchman, or watchman, no duty rested upon the latter to employ such men, or to erect and maintain the structures and appliances specified in the contract, and that no such requirement had yet been made. That served to affirm the judgment, and the *169further question whether, when that condition precedent occurred, an interlocking plant would be included…
2Cases cited8 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Vilas v. BundyWisconsin Supreme Court · 1900
- Hill v. American Surety Co.Wisconsin Supreme Court · 1902
- Brittingham & Hixon Lumber Co. v. MansonWisconsin Supreme Court · 1900
- Detroit, Ft. Wayne & Belle Isle Railway v. Commissioner of RailroadsMichigan Supreme Court · 1901
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