Pomeroy v. Chicago & Milwaukee Railroad
Wisconsin Supreme Court
ERROR to the Circuit court for Kenosha County. 'In 1864, commissioners duly appointed awarded $1,026.81 in favor of Mary A. Pomeroy, the present plaintiff’s testatrix, for the value of her land taken for a railroad in 1854, and for damages to other lands adjacent thereto, of which she was also the owner at the time of such taking.
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ERROR to the Circuit court for Kenosha County. 'In 1864, commissioners duly appointed awarded $1,026.81 in favor of Mary A. Pomeroy, the present plaintiff’s testatrix, for the value of her land taken for a railroad in 1854, and for damages to other lands adjacent thereto, of which she was also the owner at the time of such taking. On appeal by the railroad company to the circuit court, it was permitted to show the subsequent alienation of most of the land by said Mary A. Pomeroy to different parties (as stated in the opinion, infra). The only part not thus alienated was a strip actually taken…
1Opinion of the CourtPaute, J.
This case presents a question which it would seem would have been thoroughly settled before this, but which we believe has never been decided by this court, and we find few instances in which it has been determined by any other. Stated in its simplest form, it is this: Where land is taken for a railroad, which is cop-structed, and the owner has a claim for damages to the entire tract'of which the land taken formed a part, if, before the damages are assessed or paid, the owner sells the tract without any provision in the contract of sale respecting the damages, what effect does such sale have…
2Cases cited3 opinions
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Rand v. Town of TownshendSupreme Court of Vermont · 1854
3Cited by18 opinions
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- VanNess v. Royal Phosphate Co.Supreme Court of Florida · 1910
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Lohmiller v. Indian Ford Water-Power Co.Wisconsin Supreme Court · 1881
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
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