Ford v. Chicago & North Western Rail Road
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This was an action by tbe owner of certain lots abutting on Broad Street in tbe city of Osbkosb, to recover damages caused by tbe construction of tbe road bed of the defendant through tbe street in front of bis lots, some of which were situated on each side of said street, and for a perpetual injunction to restrain tbe defendant from laying its track in said street, or digging up tbe soil thereof, or doing any other act…
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APPEAL from the County Court of Winnebago County. This was an action by tbe owner of certain lots abutting on Broad Street in tbe city of Osbkosb, to recover damages caused by tbe construction of tbe road bed of the defendant through tbe street in front of bis lots, some of which were situated on each side of said street, and for a perpetual injunction to restrain tbe defendant from laying its track in said street, or digging up tbe soil thereof, or doing any other act tending to encumber tbe street, or to obstruct its free and common use. Tbe complaint showed that Broad street was a public…
1Opinion of the Court
By the Court,
Dixon, C. J.
However much we might be inclined to yield to tbe argument of counsel were tbe question a new one, it is too well settled to allow it now to be drawn in dispute before tbis court, tbat the proprietors of lots bounded by a public street witbin a recorded town plot or village, take to tbe center of tbe street and own tbe soil subject to tbe public easement. Kimball vs. Kenosha, 4 Wis., 321; Goodall vs. Milwaukee, 5 id., 32; Milwaukee vs. Mil. & Beloit R. R. Co., 7 id., 85; Mariner vs. Schulte, 13 id., 692.
Upon questions of tbis nature we shall make no attempt to produce…
2Cases cited3 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
3Cited by43 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
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