Sturtevant v. Mil., Wat. & B. V. R. R.
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, DODGE COUNTY. The facts in this case will be understood from the preceding one, and the opinion of the court. The two cases were argued at the same time, and upon the same printed case.
1Opinion of the Court
By the Court,
Paine, J.
This suit was brought under the provisions of chap. 80 of the Laws of 1858, to enjoin the appellant from running its cars over certain land of the plaintiff which had been taken for the purposes of the road. The complaint set forth the necessary allegation to sustain the action under that statute, and also averred that the plaintiff had recovered a judgment against the appellant for his damages or compensation for the taking of his land, and prayed that the appellant might be enjoined until the payment of that judgment. That judgment was also appealed from, and was ar*64gued…
2Cited by1 opinion
- Schœffel v. HinzeWisconsin Supreme Court · 1879