Lundberg v. Eastern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. Action to enjoin defendant from threatened entry upon certain land of the plaintiffs and construction of a railroad grade and track thereon.
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Appeal from an order of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. Action to enjoin defendant from threatened entry upon certain land of the plaintiffs and construction of a railroad grade and track thereon. The defendant was proceeding under the same invalid condemnation proceedings treated in Eastern B. Co. v. McCord, 136 Wis. 249,116 N. W. 841, and McCord v. Eastern B. Co. 136 Wis. 254, 116 N. W. 845. A temporary restraining order was granted, but, upon order to show cause, was on October 12, 1907, vacated on condition that defendant give bond in an adequate sum for…
1Opinion of the CourtDodge, J.
The only distinction between plaintiffs’ situation and that in McCord v. Eastern R. Co. 136 Wis. 254, 116 N. W. 845, is that at the time of the commencement of the suit defendant had as yet made no entry and erected no structure upon the plaintiffs’ land. There could, therefore, be no question of the waiver or loss of plaintiffs’ right to object which might result from even tacit acquiescence in the occupation of their premises by the railroad. All the reasons which led to the conclusion in the McCord Case apply here and must control the result.
By the Court. — Order appealed from is reversed,…
2Cases cited1 opinion
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908