Legal Opinion

Wilbur Lumber Co. v. Milwaukee Light, Heat & Traction Co.

Wisconsin Supreme Court

Decided January 28, 1908PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for Wauke-sha county: James J. Dice, Circuit Judge. It appears from tbe record that in 1897 tbe city of Wauke-sha granted to the Waukesha Electric Railway Company, its successors and assigns, authority to lay a single track for an electric street railway, with all necessary and convenient turnouts, side-tracks, and switches, on certain streets in the city of Waukesha, and to keep, use, and operate thereon railway cars upon…

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Appeal from a judgment of tbe circuit court for Wauke-sha county: James J. Dice, Circuit Judge. It appears from tbe record that in 1897 tbe city of Wauke-sha granted to the Waukesha Electric Railway Company, its successors and assigns, authority to lay a single track for an electric street railway, with all necessary and convenient turnouts, side-tracks, and switches, on certain streets in the city of Waukesha, and to keep, use, and operate thereon railway cars upon conditions named in said franchise, and for and during the term of fifty years from the date of said franchise. By amendment…

1Opinion of the CourtKeewiN, J.

There is evidence tending to show that tbe real estate in question was substantially damaged by tbe maintenance and operation of tbe interurban1 electric railway. In fact this is not seriously disputed; but it is insisted by counsel for respondent that tbe damages caused by the appropriation for interurban railway purposes belong to Frederick Dick, former owner of tbe land, if any damages can be recovered, and not to tbe appellant. This contention involves tbe question when tbe taking of tbe land for an interurban electric railway occurred. If before tbe appellant acquired title to tbe land…

2Cases cited7 opinions

  1. Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
  2. Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
  3. Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
  4. Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
  5. Sweaney v. United StatesWisconsin Supreme Court · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1921
  2. Brickles v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
  3. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1931

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