Stolze v. Manitowoc Terminal Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. I). HastiNgs, Jr., Circuit Judge. Counsel for the appellant contended, inter alia, that the damages arising from a negligent construction of the railroad, and in this instance from a negligent or careless excavation, are wholly separate and distinct from damages for the taking or injury to the balance of the tract caused thereby, and cannot be recovered in the condemnation suit.
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Appeal from a judgment of the circuit court for Brown county: S. I). HastiNgs, Jr., Circuit Judge. Counsel for the appellant contended, inter alia, that the damages arising from a negligent construction of the railroad, and in this instance from a negligent or careless excavation, are wholly separate and distinct from damages for the taking or injury to the balance of the tract caused thereby, and cannot be recovered in the condemnation suit. It is not the taking of the strip for right of way which renders insecure the other property, but the fact that, after the taking, an improper…
1Opinion of the CourtCassoday, C. J.
This cause was tried on an appeal from the award of commissioners appointed to appraise the value of the lands described, in the city of Manitowoc, and taken by the defendant for its railroad right of way. The lands taken and damaged by the construction of the road consist of a nearly triangular piece, containing about eight and one-half acres, just within the western city limits, between the cemetery on the north and the Chicago & Northwestern Eailway right of way on the south; the same being very narrow at the westerly end, and widening out as it ran easterly. The road was built almost…
2Cases cited8 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- Lyman v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Combes v. KeyesWisconsin Supreme Court · 1895
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3Cited by23 opinions
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- Nashban Barrel & Container Co. v. G. G. Parsons Trucking Co.Wisconsin Supreme Court · 1971
- Bear v. Kenosha CountyWisconsin Supreme Court · 1963
- State Highway Commission v. NunesOregon Supreme Court · 1963
- Leathem Smith Lodge, Inc. v. StateWisconsin Supreme Court · 1980
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