Wooster v. Sugar River Valley Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Oourt for Oreen County. The defendant company located its line of railroad across lands of the plaintiff, and on its petition commissioners were duly appointed to appraise the damages resulting therefrom. The petition states that the plaintiff is the owner of the land, and that one E. Bowen has, or claims to have, a mortgage thereon.
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APPEAL from tbe Circuit Oourt for Oreen County. The defendant company located its line of railroad across lands of the plaintiff, and on its petition commissioners were duly appointed to appraise the damages resulting therefrom. The petition states that the plaintiff is the owner of the land, and that one E. Bowen has, or claims to have, a mortgage thereon. The commissioners assessed the value of the land taken at $65, and the damages by the reason of the taking thereof at $50. They then apportioned the same between the plaintiff and Bowen, awarding to the former $35.52, and to the latter…
1Opinion of the CourtLyoN, J.
The judgment makes no provision for the payment of any portion of the award to Bowen on account of his alleged mortgage. Upon this omission error is assigned. The appeal to the circuit court opened the whole case as between the parties to the appeal. The report of the commissioners was not evidence either that the plaintiff was the owner of the land, or that Bowen had a mortgage interest therein. On the trial in the circuit court the burden was upon the plaintiff to show that he owned the land sought to be condemned, and upon the defendant company to show that Bowen had a mortgage interest…
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 by10 opinions
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Skalicky v. Friendship Electric Light & Power Co.Wisconsin Supreme Court · 1927
- Connell v. City of KaukaunaWisconsin Supreme Court · 1917
- Munkwitz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- North Coast Railway Co. v. HessWashington Supreme Court · 1909
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