Wisconsin Central Railroad v. Cornell University
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This is a suit or proceeding instituted in the circuit court by the railroad company, under the statute (R, S., 539, secs. 1846-7), for the purpose of acquiring a right of way two hundred feet wide for its railroad, across certain lands of the university in Ashland county.
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APPEAL from the Circuit Court for Ashland County. This is a suit or proceeding instituted in the circuit court by the railroad company, under the statute (R, S., 539, secs. 1846-7), for the purpose of acquiring a right of way two hundred feet wide for its railroad, across certain lands of the university in Ashland county. The petition of the i-ailroad company, which is the foundation of the suit or proceeding, states that “ the width of right of way required by said railroad company across the lands hereinafter described is two hundred feet; that such width is required by reason of the heavy…
1Opinion of the CourtLyoet, J.
1. Is the order condemning a strip of land two hundred feet wide appealable? We think it is. The statute provides that the filing of the petition shall be the commencement of a suit in the court in which it is filed. R. S., 539, sec. 1846. Probably the word “ suit ” is employed in statutes somewhat in the sense that the word “ remedies ” is used in section 2594, and may be construed to mean either an action or special proceeding, according to ’ the subject matter of it. This is not “ an ordinary proceeding for the enforcement or protection of a right, or the redress or prevention of a wrong.”…
2Cited by10 opinions
- Perkins v. PeacockWisconsin Supreme Court · 1953
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- State ex rel. Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf RailroadWisconsin Supreme Court · 1898
- Wisconsin Central Co. v. KnealeWisconsin Supreme Court · 1891
- Wisconsin Central Railroad v. Cornell UniversityWisconsin Supreme Court · 1881
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