Legal Opinion

Robbins v. Milwaukee & Horicon Railroad

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 24 opinions

APPEAL PROM THE POND DU LAO CIRCUIT COURT. This was an appeal by Bobbins from an award of commissioners, of the value of certain land taken by the railroad company for the use of their road. In the circuit court judgment was rendered in favor of Bobbins, from which the company appealed to this court.

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APPEAL PROM THE POND DU LAO CIRCUIT COURT. This was an appeal by Bobbins from an award of commissioners, of the value of certain land taken by the railroad company for the use of their road. In the circuit court judgment was rendered in favor of Bobbins, from which the company appealed to this court. On the trial in the court below several exceptions were taken to the ruling of the judge as to the admission of evidence, but the questions of law involved therein are all raised in other exceptions taken to the instructions of the judge to the jury. The evidence being closed the judge charged…

1Opinion of the Court

By the Oov/rt,

Smith, J.

This was an appeal to the circuit court of Fond du Lac county from the award of commissioners, to the respondent, of damages for land taken by the appellants for their road, and damages for such taking.

The questions of law, presented by this appeal arise out of the instructions given to the jury on the trial below, and to which exceptions were taken. We proceed to examine such questions so raised, as are essential to be considered in the disposition of the case.

The power given by the legislature to corporations for railroad purposes, to take the land of private persons…

2Cited by24 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. Martin v. TylerNorth Dakota Supreme Court · 1894
  3. Donnelly v. DeckerWisconsin Supreme Court · 1883
  4. Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
  5. Snyder v. Western Union RailroadWisconsin Supreme Court · 1869

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