Legal Opinion

In re Milwaukee Southern Railway Co.

Wisconsin Supreme Court

Decided April 5, 1905PublishedCited by 9 opinions

Appeal from an order of the circuit court for Milwaukee county: Wakeest D. TaRRAht, Circuit Judge. This is an appeal from an order appointing commissioners in a proceeding to acquire real estate for railway purposes.

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Appeal from an order of the circuit court for Milwaukee county: Wakeest D. TaRRAht, Circuit Judge. This is an appeal from an order appointing commissioners in a proceeding to acquire real estate for railway purposes. The application states that the petitioner is a duly incorporated railroad corporation under the laws of this state; that it was organized to construct, maintain, and operate a railroad for public use from a point in the city of Milwaukee, Wisconsin, thence in a southerly and southwesterly direction to a point on the boundary between the states of AVisconsin and Illinois, thence…

1Opinion of the Court

The following opinion was filed January 31, 1905:

SiebeckeR, J.

The statute providing for the acquisition •of real estate by railroad corporations for the purposes of their organization prescribes (sec. 1846, Stats. 1898) what shall be stated in the petition for the appointment of commissioners of appraisal. Any person whose estate or interest is affected by the proceedings may show cause against granting the prayer of the petition. After a hearing of the petition the court or judge shall determine “whether the railroad corporation is entitled to take the whole or any part of the land sought to…

2Cases cited21 opinions

  1. Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
  2. Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
  3. Matter of City of BuffaloNew York Court of Appeals · 1877
  4. Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
  5. Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884

16 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. President of Kilbourn City v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1912
  2. Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
  3. State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
  4. State ex rel. Hulme v. Grays Harbor & Puget Sound Railway Co.Washington Supreme Court · 1909
  5. City of St. Louis v. MooreSupreme Court of Missouri · 1916

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