Legal Opinion

Riddle v. Lodi Telephone Co.

Wisconsin Supreme Court

Decided November 15, 1921PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Condemnation. The defendant company instituted condemnation proceedings for the purpose of acquiring the right to erect and maintain a telephone line in front of the farm premises owned by the plaintiff. The commissioners awarded six cents damages, from which the plaintiff appealed to the circuit court for Columbia county.

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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Condemnation. The defendant company instituted condemnation proceedings for the purpose of acquiring the right to erect and maintain a telephone line in front of the farm premises owned by the plaintiff. The commissioners awarded six cents damages, from which the plaintiff appealed to the circuit court for Columbia county. There was a trial, the question of damages was submitted to the jury, and the jury awarded $50 damages, for which judgment was entered, from which the plaintiff appeals.

1Opinion of the CourtRosenberry, J.

By objections to the admission of evidence and exceptions thereto, by requests for instructions, and by .exceptions to the instructions given, the appellant raises three questions:

First. What is the correct rule as to the measure of damages where a telephone company condemns the right to erect *362and maintain its lines on a public highway adjacent to a farm?

Second. Upon the trial of the issue as to damages, may the owner show the full extent of the use to which the condemned premises may be put ?

Third. In an action or in a proceeding for condemnation, may the owner recover as part of the damages…

2Cases cited6 opinions

  1. Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
  2. West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
  3. Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
  4. Pierce v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
  5. Aspinwall v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Maxey v. Redevelopment Authority of RacineWisconsin Supreme Court · 1980
  2. Prudential Insurance v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1941
  3. Muscoda Bridge Co. v. Grant CountyWisconsin Supreme Court · 1929
  4. Proctor v. Central Vermont Public Service Corp.Supreme Court of Vermont · 1951
  5. Nowaczyk v. Marathon CountyWisconsin Supreme Court · 1931

4 more not listed; retrieve them via the Exa API.

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