Pfeifer v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. Tbe facts alleged in tbe complaint in this action and proven at tbe trial, will sufficiently appear from tbe opinion of this court.
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APPEAL from tbe Circuit Court for Sheboygan County. Tbe facts alleged in tbe complaint in this action and proven at tbe trial, will sufficiently appear from tbe opinion of this court. Tbe Sheboygan & F. du L. Railroad Company objected to tbe admission of any evidence against it at tbe trial, on tbe ground that the complaint did not state a cause of action against it; and, after tbe plaintiff bad rested, moved for a non-suit on tbe same ground, and also on tbe ground that tbe facts proved were not sufficient to charge it with any liability to tbe plaintiff. Motion denied. Yerdict for tbe…
1Opinion of the Court
By the Court,
PAINE, J.
The plaintiff in this case owned lands which were taken by the Sheboygan & Mississippi R. R. company for railroad purposes. Legal proceedings were had to assess the damages, which resulted in a judgment in the plaintiff’s favor, which, however, was never paid. The road and property of the company were subsequently sold on a mortgage, and purchased for the benefit of the bondholders, who organized the company that constitutes the present appellant. This action was brought to compel the new company to pay the amount of the plaintiff’s judgment for damages.
The counsel for…
2Cited by8 opinions
- Rio Grande & Eagle Pass Railway Co. v. OrtizCourt of Appeals of Texas · 1890
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1876
- Adams v. St. Johnsbury & Lake Champlain R. R.Supreme Court of Vermont · 1884
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1875
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
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