Rusch v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEA'L from the Circuit Court for Outagamie Countv. Action to recover damages for an alleged trespass by the defendant company upon the land of the plaintiff. The trespass charged is the taking and using of a public street on the plaintiff’s land, by the defendant, for its railway track.
Read the full summary
APPEA'L from the Circuit Court for Outagamie Countv. Action to recover damages for an alleged trespass by the defendant company upon the land of the plaintiff. The trespass charged is the taking and using of a public street on the plaintiff’s land, by the defendant, for its railway track. The pleadings, evidence and findings of the court show substantially the following facts: The defendant located its railway .along the street in question in 1876, and instituted proceedings in the proper circuit court to condemn the land desired to its use. The land sought to be thus condemned belonged in…
1Opinion of the CourtLyon, J.
It is not denied that the award of the commissioners in tbe condemnation proceedings fails to ascertain the compensation to wdiicli the plaintiff is entitled for his land which the defendant proposed to condemn to its use. The aggregate sum only to which six owners in severalty were entitled was ascertained, and no rule is given and none exists by which the proportionate share of each can be ascertained. It is settled that, “ if a railroad company takes possession of land for which it is liable to make compensation, without the consent of the owner, and without having ascertained and paid the…
2Cases cited1 opinion
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
3Cited by10 opinions
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Porter v. Midland Railway Co.Indiana Supreme Court · 1890
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.