Town of Jamestown v. Chicago, Burlington & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The nature and bistory of the cause sufficiently appear in the opinion. They contended that the complaint shows that the appellant has not yet completed the construction of its road on and across the highway in question, and hence does not show any unreasonable delay in restoring the same.
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APPEAL from the Circuit Court for Grant County. The nature and bistory of the cause sufficiently appear in the opinion. They contended that the complaint shows that the appellant has not yet completed the construction of its road on and across the highway in question, and hence does not show any unreasonable delay in restoring the same. Sec. 1836, R. S. The duty of doing so did not attach until it had completed such construction, and while it occupied the highway for that purpose the town was not liable for any injuries caused thereby. Hammond v. Muhwa, 40 Wis. 41; Danville R. Go. v.…
1Opinion of the CourtCole, C. J.
Though this is an appeal from an order refusing to strike from the files (and overruling the demurrer) the amended complaint, because the cause of action has been changed from one at law to one in equity, still no objection is now taken to the order on account of such change. The original complaint was doubtless based upon *651a legal action to recover damages for the destruction of a highway of the town; but there were two amended complaints subsequently served and filed, asking equitable relief. These complaints were excepted and demurred to on the ground that they did not state a cause of…
2Cases cited2 opinions
- Lutheran Evangelical Church v. GristgauWisconsin Supreme Court · 1874
- City of Milwaukee v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1859
3Cited by18 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
- Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- City of Oshkosh v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1889
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