Pomeroy v. Milwaukee & Chicago Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action of trespass. The complaint alleged that the plaintiff on the 12 th of July, 1854, was the owner in fee of eighteen and a half acres of land in Kenosha county, (particularly describing the same,) and that the eastern boundary thereof was one hundred and sixty-eight rods in length, and on and along West Main street and a public highway four rods in width; said West Main street passing along eighty-four rods of the length…
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APPEAL from the Circuit Court for Kenosha County. Action of trespass. The complaint alleged that the plaintiff on the 12 th of July, 1854, was the owner in fee of eighteen and a half acres of land in Kenosha county, (particularly describing the same,) and that the eastern boundary thereof was one hundred and sixty-eight rods in length, and on and along West Main street and a public highway four rods in width; said West Main street passing along eighty-four rods of the length of said boundary, and the highway along the remaining eighty-four rods thereof, and that a strip of the plaintiff’s…
1Opinion of the Court
*644I am informed by the clerk, that the opinion drawn up by me in the above cause has been lost, either having been abstracted from the files of the court, or having been carried away by some one before it was filed. He desires me to make a statement of the points decided in the case, so that the record can be transmitted to the circuit court for trial. In compliance with that request, I state that the court held that the complaint set forth a good cause of action for a trespass to real estate; that the common council could not give the railroad company the right to lay their track in the…
2Cited by11 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Kucheman v. C., C. & D. R'y Co.Supreme Court of Iowa · 1877
- Portland & Willamette Valley R. R. v. City of PortlandOregon Supreme Court · 1886
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