Gilman v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The original complaint in this action will be fonnd in 37 Wis., 317, where an order sustaining a'demurrer to such complaint was affirmed by this court.
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APPEAL from the Circuit Court for Sheboygan County. The original complaint in this action will be fonnd in 37 Wis., 317, where an order sustaining a'demurrer to such complaint was affirmed by this court. After the cause was remitted to the circuit court, the complaint was amended so as further to aver, in substance, that the defendant company was estopped by the facts therein alleged, and barred in law, in equity and good conscience, from pretending or claiming that it took or might rightfully hold possession of plaintiff’s said real estate, discharged of the liability resting upon the old…
1Opinion of the CourtCole, J.
On the former appeal, in the action on the judgment recovered against the old corporation, it was intimated *657that a court of equity, in a proper case, might require the defendant company to pay that judgment for damages awarded for taking tbe property for the use of its road, or stop running its cars over the land. 37 Wis., 319. It seems reasonable that a court of equity should afford such relief when it appears, as it does in this case, that the new company has elected to adopt and ratify the original taking, and continues to use the land for the purposes of its road. The right of the land…
2Cases cited3 opinions
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1875
- Pfeifer v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1864
3Cited by13 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Hays v. T. & P. R'y Co.Texas Supreme Court · 1884
- Florida Southern Railroad v. HillSupreme Court of Florida · 1898
- I. & G. N. R'y Co. v. BenitosTexas Supreme Court · 1883
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