Lenz v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Manitowoc county; Geo'. Clementson, Judge. ■ This was a proceeding instituted by Jacob Lenz for condemnation, commenced at the same time, and in all respects similar to, that considered in KvAl v. G. & N. W. .E. Go. 101 Wis. 42, the petition being substantially the same, as also the findings of fact and the order of the circuit court appointing commissioners to fix the damages.
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Appeal from an order of the circuit court for Manitowoc county; Geo'. Clementson, Judge. ■ This was a proceeding instituted by Jacob Lenz for condemnation, commenced at the same time, and in all respects similar to, that considered in KvAl v. G. & N. W. .E. Go. 101 Wis. 42, the petition being substantially the same, as also the findings of fact and the order of the circuit court appointing commissioners to fix the damages. In this case, however, amended answer was interposed, denying the allegation that the appellant, in 1893, assumed and agreed to pay the liability of its grantor, the…
1Opinion of the Court
The following opinion was filed June 20, 1901:
Dodge, J.
The rights of parties similarly situated with those now before us were considered by this court in Kuhl v. C. & N. W. R. Co. 101 Wis. 42, which case, the respondent contends, is conclusive, as res adyudicata, upon the present. That contention, of course, cannot be sustained. The parties are not the same, and, as a decision in that proceeding would not have been conclusive against this petitioner, it cannot be conclusive in his favor.' So far, however, as the questions now presented are the same as those considered and disposed of in that…
2Cases cited18 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Simson v. . BrownNew York Court of Appeals · 1877
- Stout v. FolgerSupreme Court of Iowa · 1871
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- McClellan v. SanfordWisconsin Supreme Court · 1870
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3Cited by17 opinions
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
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- R. Connor Co. v. Ætna Indemnity Co.Wisconsin Supreme Court · 1908
- Concrete Steel Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- Ray v. DonohewWest Virginia Supreme Court · 1986
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