Weisbrod v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment, for a strip of land between the middle and eastern boundary of wbat is known as Broad street, in tlie city of Oshkosb. Plaintiff claimed tbe premises as part of Ms lots fronting on said street, and located in Conklin’s addition to said city.
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APPEAL from the Circuit Court for Winnebago County. Ejectment, for a strip of land between the middle and eastern boundary of wbat is known as Broad street, in tlie city of Oshkosb. Plaintiff claimed tbe premises as part of Ms lots fronting on said street, and located in Conklin’s addition to said city. The complaint alleges that in 1860 defendant entered npon the premises, and put the plaintiff out of possession thereof, and held “ and still doth unlawfully hold possession thereof, and by artificial embankments, railroad track, side track and other works, has destroyed the use of the same as…
1Opinion of the CourtDixon, C. J.
The facts appear somewhat different, but I do not see that they materially affect or change the question of estoppel as decided by this court on the first appeal. 18 Wis., 41. That decision was made upon the supposition that the plat of Miller’s addition was properly acknowledged so as to entitle it to be recorded. It now appears that it was not. But this does not seem to me to affect the right of the plaintiff to hold to the center of the street. The only difference is, that in the one case the street became a public highway by grant, and in the other by dedication. This is settled by…
2Cases cited5 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
- Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
3Cited by13 opinions
- Jarstadt v. MorganWisconsin Supreme Court · 1880
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
- Oregon City v. Oregon & Cal. RailroadOregon Supreme Court · 1904
- Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910
- City of Racine v. CrotsenbergWisconsin Supreme Court · 1884
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