McCord v. Eastern Railway Co. of Minnesota
Wisconsin Supreme Court
'Appeal from an order of the circuit court for Douglas ■county: A. J. Yistje, Circuit Judge. This action was brought against the defendants to enjoin them from further trespassing upon the plaintiff’s premises and from taking permanent and exclusive possession of said premises by building a railroad thereon.
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'Appeal from an order of the circuit court for Douglas ■county: A. J. Yistje, Circuit Judge. This action was brought against the defendants to enjoin them from further trespassing upon the plaintiff’s premises and from taking permanent and exclusive possession of said premises by building a railroad thereon. The complaint, after alleging ownership in plaintiff, alleges: “That early in the month of September, 1907, the said defendants by their agents, employees, and servants, without the consent and against the wishes of this plaintiff, entered upon and took possession of a portion of the…
1Opinion of the Court
The following opinion was filed June 5, 1908:
KeRwiw, J.
The permanent appropriation of land for railway purposes is a taking within the meaning of the constitution of this state, which provides that private property shall not be taken without compensation. The compensation must be first made or tendered. Sherman v. M., L. S. & W. R. Co. 40 Wis. 645; Powers v. Bears, 12 Wis. 214; Bohlman v. G. B. & L. P. R. Co. 30 Wis. 105. The only exception to this rule under our constitution and statutes is where the railroad -company takes possession with the consent, tacit or express, of the landowner. We…
2Cases cited20 opinions
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
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3Cited by5 opinions
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Le Blond v. Town of PeshtigoWisconsin Supreme Court · 1909
- Cronin v. Janesville Traction Co.Wisconsin Supreme Court · 1916
- Great Northern Railway Co. v. McCordWisconsin Supreme Court · 1910
- Lundberg v. Eastern Railway Co.Wisconsin Supreme Court · 1909