Cassidy v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This is an appeal from an order sustaining a demurrer to the complaint.
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APPEAL from the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This is an appeal from an order sustaining a demurrer to the complaint. The material parts of the complaint are the following: “That the said Chicago & Tomah Railroad Company surveyed, located, and established a proposed line of railway upon and through the lands of plaintiffs, a part of which Avas and is the homestead of plaintiffs, said land being described as the east half of the southwest quarter of section 3, in township 6 north, of range 3 east,…
1Opinion of the CourtTaylor, J.
We think the demurrer was properly sustained, for the reasons stated by the learned circuit judge. (1) If the complaint be construed to be an action to recover damages of the railway company for wrongfully entering into and holding the possession of the lands of the plaintiffs *444without making compensation, therefor, then the action cannot be sustained, for the reason that it appears from the complaint that the company took peaceable possession of said land about three years before the commencement of this action, and have constructed their railroad on and over the same; and the complaint does…
2Cases cited7 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Bohlman v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
- Kelly v. Green Bay, Winona & St. Paul Railway Co.Wisconsin Supreme Court · 1891