Bohlman v. Green Bay & Minnesota Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County.* Action to restrain tbe defendant from constructing its road across plaintiff’s land.
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APPEAL from the Circuit Court for Outagamie County.* Action to restrain tbe defendant from constructing its road across plaintiff’s land. Tbe complaint alleged tbe incorporation of tbe defendant under a charter granted in 1866, tbe location of .its road across bis land without bis consent, entry upon tbe land against bis protest, and tbe taking of possession without making or offering compensation, etc.; and it prayed a perpetual injunction against tbe construction of tbe road across said land, tbe running of cars and locomotives thereon, etc. Tbe original answer denied entry without consent,…
1Opinion of the CourtRyan, C. J.
This case turns upon the validity of the proceedings and award of the commissioners set up in the supplemental answer of the respondent.
The language of the respondent’s charter, ch. 540 of 1866, secs. 10, 11, is similar to that of the West Wisconsin Railroad Company, considered in Bigelow v. Railway Co., 27 Wis., 478. In that case, the charter was upheld on the ground that the provision for the payment of the value of the land talcen was equivalent to the just compensation of the constitution. That case, therefore, controls the validity and construction of the charter of the respondent in…
2Cases cited9 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Dillon v. LinderWisconsin Supreme Court · 1874
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- President of Platteville v. McKernanWisconsin Supreme Court · 1882
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- State ex rel. M. A. Hanna Dock Co. v. WillcutsWisconsin Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.