Union Lime Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Dane county: E. Ray Stevens, Circuit Judge. The plaintiffs, Union Lime Company and Nasi Bros. Lime &■ Stone Company} and the defendant Eden Independent Lime & Stone Company are the owners of parcels of land in section 6, town 14, range 18, in Eond du Lac county. The Nasi Company owns the southeast quarter of the southeast quarter of said section and also the east two acres of the southwest quarter of the southeast quarter.
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Appeal from a judgment of tlie circuit court for Dane county: E. Ray Stevens, Circuit Judge. The plaintiffs, Union Lime Company and Nasi Bros. Lime &■ Stone Company} and the defendant Eden Independent Lime & Stone Company are the owners of parcels of land in section 6, town 14, range 18, in Eond du Lac county. The Nasi Company owns the southeast quarter of the southeast quarter of said section and also the east two acres of the southwest quarter of the southeast quarter. The Union Lime Company owns the southwest quarter of the southeast quarter, except the east two acres thereof.. The Eden…
1Opinion of the CourtVistje, J.
The trial court expressly stated in its decision that it did not pass upon the constitutionality of sec. 1191— 11m, Stats. (Laws of 1909, ch. 481), inasmuch as it held the railroad company had valid easements across the lands over which the spur track was to be built and hence it was not necessary for it to invoke the power of eminent domain granted by the statute. Counsel for defendants suggest that this court may likewise dispose of the case without passing upon the constitutionality of said section. It appears, however, that the proceedings were in terms instituted pursuant thereto and…
2Cases cited8 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
- City of Superior v. Douglas County Telephone Co.Wisconsin Supreme Court · 1910
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3Cited by18 opinions
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
- Wisconsin Solid Waste Recycling Authority v. EarlWisconsin Supreme Court · 1975
- Chicago, Milwaukee & St. Paul Ry. Co. v. Board of Railroad CommissionersMontana Supreme Court · 1926
- H. F. Wilcox Oil & Gas Co. v. WalkerSupreme Court of Oklahoma · 1934
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