Bohlman v. Green Bay & Lake Pepin Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action for an injunction to restrain tlie Oreen Bay and Lake Pepin Bailway Company and its agents, from appropriating plaintiff’s land in the construction of a railway track, and for damages.
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APPEAL from the Circuit Court for Outagamie County. Action for an injunction to restrain tlie Oreen Bay and Lake Pepin Bailway Company and its agents, from appropriating plaintiff’s land in the construction of a railway track, and for damages. The complaint alleged that plaintiff was the owner in fee of the premises, on which were situated a house with two barns and a young orchard; that the railway company had located its route across plaintiff’s land, through his orchard and barnyards, and so near his house as to render its removal necessary before trains could run on the road; that the…
1Opinion of the CourtDixof, C. J.
This case presents no question that has not been already settled by the adjudications of this court. It has been settled as one of the rights of private property secured to the owner by the constitution that it cannot, against his will, be taken from him, or entered upon and permanently occupied for public use, until its value has been ascertained by some legal and proper proceeding, and has been. paid to him; or if not paid to, or received by him, until an adequate and safe fund has been provided, from which be may, at some future time, be compensated. And in the case of a private…
2Cases cited2 opinions
- Powers v. BearsWisconsin Supreme Court · 1860
- Andrews v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1867
3Cited by12 opinions
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Poirier v. FetterSupreme Court of Kansas · 1878
- State ex rel. Moody v. BakerSupreme Court of Florida · 1884
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
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