State ex rel. Jacquith v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. Mandamus to compel defendant to maintain and keep open an already existing farm crossing for cattle, under its trades.
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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. Mandamus to compel defendant to maintain and keep open an already existing farm crossing for cattle, under its trades. It appeared without dispute: That the Wisconsin Central Railroad Company, the predecessor of the defendant, constructed its road in the locality in question about 1871. That at that time one Brimhall was the owner of the farm now owned by relator, across which the railroad passed generally in an easterly and westerly direction. That the residence and buildings were upon the southerly…
1Opinion of the Court
Dodge, J".
Sec. 1810, Stats. 1898, requires a railroad company to “erect and maintain on both sides of any portion of it's road good and sufficient fences . . . and suitable- and convenient farm crossings of the road for the iise of the-occupants of the lands adjoining.” A very large part of appellant’s brief is devoted to the question who has the right to-select place o'f a farm crossing, conceding that one be proper. But this question is not involved. The writ before us seeks to command, not the construction of a new crossing, but the maintenance of one, the place for which was selected by…
2Cases cited6 opinions
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Buffalo Stone & Cement Co. v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- State ex rel. Grady v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1891
- Port v. Huntingdon & Broad Top R. R.Supreme Court of Pennsylvania · 1895
- Beardsley v. Lehigh Valley Railway Co.New York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
- Weiss v. Chicago, North Shore & Milwaukee RailroadWisconsin Supreme Court · 1960
- Henbest v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1926