Walton v. Green Bay, Winona & St. Paul Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: November 1, 1886, the plaintiff, as owner in fee simple, filed his verified petition with the clerk of the circuit court for Portage county, addressed to the judge of said court, for the condemnation of a strip of land 100 feet wide, described, through what was known as the public square in the village of Plover in said county, and for the appointment…
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APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: November 1, 1886, the plaintiff, as owner in fee simple, filed his verified petition with the clerk of the circuit court for Portage county, addressed to the judge of said court, for the condemnation of a strip of land 100 feet wide, described, through what was known as the public square in the village of Plover in said county, and for the appointment of commissioners to appraise the value thereof and assess the damages therefor. The petition, in effect, alleged that in…
1Opinion of the CourtCassoday, J.
The answer put in issue the plaintiff’s title to the strip of land in question. This being so, he was only-entitled to compensation upon making proof of title or some interest in himself. Diedrich v. N. W. U. R. Co. 42 Wis. 248; Winchester v. Stevens Point, 58 Wis. 355. Without such title or interest he rvould have no right to enforce proceedings in condemnation. It is urged that as the plaintiff owned the land at the time of filing the petition, it was the duty of the court to appoint commissioners, regardless of the question whether he would have been entitled to any compensation that might…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Winchester v. City of Stevens PointWisconsin Supreme Court · 1883
3Cited by12 opinions
- United States v. Town of NahantCourt of Appeals for the First Circuit · 1907
- Skalicky v. Friendship Electric Light & Power Co.Wisconsin Supreme Court · 1927
- Caveness v. Charlotte, Raleigh & Southern RailroadSupreme Court of North Carolina · 1916
- Turner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
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