Chicago, Milwaukee & St. Paul Railway Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The city of Mikoaulcee, for the purpose of extending a public street across the defendant’s railway track and right of way, commenced proceedings to lay out and establish such street and to have the compensation to which plaintiff was entitled by reason thereof determined.
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Appeals from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The city of Mikoaulcee, for the purpose of extending a public street across the defendant’s railway track and right of way, commenced proceedings to lay out and establish such street and to have the compensation to which plaintiff was entitled by reason thereof determined. Such proceedings were had that plaintiff’s damages were assessed at $150, from which plaintiff appealed to the circuit court. The action was there tried on appeal and resulted in a special verdict as follows: (1) The fair value,…
1Opinion of the CourtMakshall, J.
There is so much conflict in judicial authorities and the works of text writers respecting the subject here presented that we must depend more on fundamental princi-*422pies than on adjudications of the precise questions involved, in order to reach a satisfactory conclusion. "We are aided but little by previous decisions of this court, except as to the principles upon which this decision must rest, as the subject does not appear to have been heretofore presented very fully here. In Blair v. M. & P. du C. R. Co. 20 Wis. 262, the subject was somewhat involved, but not as relates to crossings of…
2Cases cited22 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
37 more not listed; retrieve them via the Exa API.