Wittman v. Milwaukee, Lake Shore & Western Railway Co.

This is an action to recover for the use and occupation of a lot which the plaintiff claims to own, and which the appellant occupied with one of its spur or side tracks for two years and more. The plaintiff had judgment in the court' below, and the defendant appeals, and alleges as error that the evidence does not show that the defendant occupied said lot in any way as the tenant of the plaintiff; that the plaintiff did not show that he owned the lot; and that the damages recovered were excessive. The facts show that a corporation under which defendant claims title, built the side track in…