Burns v. Milwaukee & Mississippi Railroad
Wisconsin Supreme Court
APPEAL PEOM CIRCUXT COURT, ROCK COUNTY. The facts in this case are so fully stated in the opinion of (this court, and in the finding of the circuit court, which follows, ■that no further notice will be taken of them. The cause was tried before the Hon. J. M. Keep, who found as follows: The bill of complaint in this cause is filed to restrain ■threatened injuries to the real property of the complainant, and prays a perpetual injunction.
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APPEAL PEOM CIRCUXT COURT, ROCK COUNTY. The facts in this case are so fully stated in the opinion of (this court, and in the finding of the circuit court, which follows, ■that no further notice will be taken of them. The cause was tried before the Hon. J. M. Keep, who found as follows: The bill of complaint in this cause is filed to restrain ■threatened injuries to the real property of the complainant, and prays a perpetual injunction. The defendants in their answer admit that they are doing and about to consummate the several acts complained of in the bill, but justify through proceedings…
1Opinion of the Court
By the Court,
Paine, J..
This is a bill filed by the respondent, to prevent the railroad company and its agents from taking possession of, and filling up a portion of two lots in the city of Janesville, on which the respondent resides, and to which he claims title. The facts appearing from the pleadings and proofs are these; the company having the right to take land for its track to the width of one hundred feet, and beyond that, so much as was necessary for depot and other *455purposes necessary to the transactions of its business, condemned the two lots in question, among other lands, upon an…
2Cases cited4 opinions
- People v. MauranNew York Supreme Court · 1848
- Lathrop v. Commercial BankCourt of Appeals of Kentucky · 1839
- Rutland & Burlington Railroad v. ProctorSupreme Court of Vermont · 1856
- Dodge v. BurnsWisconsin Supreme Court · 1858
3Cited by11 opinions
- Test v. LarshIndiana Supreme Court · 1881
- Duluth, South Shore & Atlantic Railway Co. v. Douglas CountyWisconsin Supreme Court · 1899
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
- State ex rel. Moody v. BakerSupreme Court of Florida · 1884
- Farmers' & Millers' Bank of Milwaukee v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1863
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