Diedrich v. Northwestern Union Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Plaintiff appealed from ail appraisal, made by commissioners duly appointed for that purpose, of a strip of land to which he claimed title, and which had been taken by defendant for its railroad track.
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APPEAL from the Circuit Court for Milwaukee County. Plaintiff appealed from ail appraisal, made by commissioners duly appointed for that purpose, of a strip of land to which he claimed title, and which had been taken by defendant for its railroad track. On appeal from a former judgment of the circuit court herein, that judgment was reversed, and the cause remanded for a new trial. 42 Wis., 248. On the next trial, the evidence as to plaintiff’s title, and upon the question whether the strip of land taken by defendant was originally a part of the shore, or was land made by plaintiff in the bed…
1Opinion of the CourtCole, J.
1. The first point relied on for a reversal of the judgment relates to the question of title. It is insisted on the part of the company, that in this proceeding to obtain compensation the plaintiff was bound to prove title to the particular strip of land taken, to be in himself; in other words, he must connect his paper title with the premises described in the award, or he could not recover. As the foundation of his title, the plaintiff put in evidence a patent from the United States to Morgan L. Martin of lot No. 2, bearing date December 27, 1842, under which he derived title through several…
2Cases cited5 opinions
- Wirth v. BransonSupreme Court of the United States · 1878
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Milwaukee & Mississippi Railroad v. EbleWisconsin Supreme Court · 1851
- Whitney v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Boston & Maine Railroad v. MontgomeryMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- City of St. Louis v. VasquezSupreme Court of Missouri · 1960
- Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
- Smith v. HughesWisconsin Supreme Court · 1880
- Railroad Co. v. ForemanWest Virginia Supreme Court · 1884
- South Carolina State Highway Department v. MillerSupreme Court of South Carolina · 1960
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