Lippert v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ke-nosha county: Byron B. Park, Judge. This action was brought by the plaintiffs to recover damages for alleged depreciation of and damage to certain property of theirs by reason of defendant’s building a spur track on a strip of land which took from plaintiffs a small triangular piece containing about ten and three-quarters square feet.
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Appeal from a judgment of the circuit court for Ke-nosha county: Byron B. Park, Judge. This action was brought by the plaintiffs to recover damages for alleged depreciation of and damage to certain property of theirs by reason of defendant’s building a spur track on a strip of land which took from plaintiffs a small triangular piece containing about ten and three-quarters square feet. Condemnation proceedings were begun by defendant on September 9, 1916. The commissioners in the proceedings awarded the plaintiffs the sum of $1,050. Both parties appealed to the circuit court. On the trial it…
1Opinion of the CourtSiebecker, J.
The question presented on this appeal is: Did the court err in awarding recovery for any depreciation of the ‘plaintiffs’ homestead property, embracing the eighty-six feet frontage on Pearl street, by reason of the condemned small triangular piece of plaintiffs’ property, amounting to about eleven square feet, lying in Pearl street and being a part of the southwest forty-five feet of the southeast quarter of block 18, abutting on Pearl street and adjoining the -plaintiffs’ homestead?
As above stated, the plaintiffs, as owners of the quarter of block 18, divided it into three parts, each part…
2Cases cited3 opinions
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Welch v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
3Cited by1 opinion
- Jonas v. StateWisconsin Supreme Court · 1963