Legal Opinion

Laflin v. Chicago, W. & N. Ry. Co.

U.S. Circuit Court for the District of Eastern Wisconsin

Decided December 10, 1887Published

At Law. This was a proceeding for ascertaining the damage to certain premises situated in Waukesha, Wis., owned by the plaintiff, and alleged to have been injured by the construction of the defendant’s road across the same. Connected with said premises was a hotel, kept by the plaintiff for the accommodation of summer guests, known as the “Fountain House,” with its appurtenances; which included a mineral spring, and pleasure grounds, and drives for the use of guests.

Read the full summary

At Law. This was a proceeding for ascertaining the damage to certain premises situated in Waukesha, Wis., owned by the plaintiff, and alleged to have been injured by the construction of the defendant’s road across the same. Connected with said premises was a hotel, kept by the plaintiff for the accommodation of summer guests, known as the “Fountain House,” with its appurtenances; which included a mineral spring, and pleasure grounds, and drives for the use of guests. On the trial the plaintiff called witnesses engaged in the summer hotel business at other points and places, to testify…

1Opinion of the Court

Dyer, J.,

(after stating the facts a,s above.) When the plaintiff was making his case he offered the testimony of several witnesses to show what effect, in their judgment, the construction and proximity of the railroad would or might have upon the business and patronage of the Fountain House. The witnesses were shown to have been long acquainted and experienced in the business of keeping summer hotels, supported by a class of patrons similar to those which the testimony tends to show are received as guests at the Fountain House, and appeared to be qualified to speak upon the subject to which…

2Cases cited9 opinions

  1. Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
  2. Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
  3. State ex rel. Graham v. Chamber of CommerceWisconsin Supreme Court · 1865
  4. People v. Onondaga Common PleasNew York Supreme Court · 1828
  5. Hills v. PassageWisconsin Supreme Court · 1867

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API