Peters v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeai, from an order of the circnit court for Waukesha county: Maetin L. Lueok, Circuit Judge. Affirmed. The appeal is from an order sustaining a general demurrer to plaintiff’s complaint.
Read the full summary
Appeai, from an order of the circnit court for Waukesha county: Maetin L. Lueok, Circuit Judge. Affirmed. The appeal is from an order sustaining a general demurrer to plaintiff’s complaint. This, in substance, is tbe complaint so far as necessary for understanding tbe claimed infirmities thereof: Since before tbe acts complained of, plaintiff owned and occupied as bis residence lot 1 of Riverview addition to tbe city of Waubesba, Wisconsin, wbicb fronted upon White Rock avenue and Harrison street in said city. About September 4, 1900, by ordinance, tbe city council of sucb city, in form,…
1Opinion of the CourtMarshall, J.
The respondents had authority to construct their track and maintain and use the same on the street upon which, plaintiff’s property abutted, and “in the immediate vicinity” of such property, under sub. (5), sec. 1828, Stats., subject to see. 1836, Stats., conditioned upon rendering to him just compensation as to any of such property taken and, in addition, such compensation for any consequential damage suffered by him by reason of any impairment of his rights appurtenant to such property secured to him by see. 1296a-, Stats. No ordinance of the city of Wau-kesha could authorize more so as to…
2Cases cited3 opinions
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
- Cronin v. Janesville Traction Co.Wisconsin Supreme Court · 1916
3Cited by7 opinions
- Estate of StaabWisconsin Supreme Court · 1918
- Benka v. Consolidated Water Power Co.Wisconsin Supreme Court · 1929
- Price v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1928
- Baxter v. SleemanWisconsin Supreme Court · 1928
- Peterson v. Lake Superior District Power Co.Wisconsin Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.