Chicago, Milwaukee & St. Paul Railway Co. v. Richardson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook County. This is a condemnation proceeding instituted December 30, 1892, by respondent company, under sec. 1852, E. S., to acquire title to a strip of land across appellants’ lots, in Janesville, upon which respondent built a spur track in the year 1890, and has ever since operated the same.
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APPEAL from the Circuit Court for Rook County. This is a condemnation proceeding instituted December 30, 1892, by respondent company, under sec. 1852, E. S., to acquire title to a strip of land across appellants’ lots, in Janesville, upon which respondent built a spur track in the year 1890, and has ever since operated the same. This spur track was built to reach certain mills and manufacturing institutions in Janesville, and was authorized by the provision of ch. 216, Laws of 1883 (S..& B. Ann. Stats, sec. 1831a). Appellants’ land is partly on the bank and partly under water in the bed of…
1Opinion of the CourtWinslow, J.
Sec. 1852, R. S., provides that: “In any case when a railroad corporation shall not have acquired title to the lands upon which they shall have constructed their roadbed or track, or any part thereof, . . . the corporation may proceed to acquire or perfect such title in the manner hereinbefore provided.” The manner herein-before provided is that laid down in sec. 1846 and the following sections. Erom the statements in the petition and admissions in the answer, it appears that the railroad company constructed its branch track upon the lands sought to be condemned in the year 1890, and has…
2Cases cited1 opinion
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
3Cited by6 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- Babcock v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Union Manufacturing Co. v. SpiesWisconsin Supreme Court · 1923
- Cotulla v. La Salle Water Storage Co.Court of Appeals of Texas · 1913
- Milwaukee Light, Heat & Traction Co. v. Burlington Electric Light & Power Co.Wisconsin Supreme Court · 1910
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