Buchner v. Chicago, Milwaukee & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The plaintiff owns a lot of land in the town of Waukesha, containing about an acre and a half, on which is his dwelling-house and appurtenances. The northerly or northeasterly front of this lot is a public highway, known as the South Milwaukee road, or Broadway. The front is probably about 250 feet in length along such road. The line of the highway is northwest and southeast.
Read the full summary
APPEAL from the Circuit Court for Waukesha County. The plaintiff owns a lot of land in the town of Waukesha, containing about an acre and a half, on which is his dwelling-house and appurtenances. The northerly or northeasterly front of this lot is a public highway, known as the South Milwaukee road, or Broadway. The front is probably about 250 feet in length along such road. The line of the highway is northwest and southeast. The defendant company located and .constructed its railway diagonally across this highway on a line running nearly east and west, bisecting the highway a few feet…
1Opinion of the CourtLyoN, J.
The second finding of fact, that the railway track of the defendant, where it crosses the highway, does not encroach upon the land of the plaintiff, is conclusive. The first and principal question presented for consideration by this appeal is whether, in view of this fact, the railway company is under legal obligation to compensate the plaintiff for the damage to his lot caused by adjusting the grade of the highway to that of the railway track. Two parties have an interest in the land occupied as a highway,— the public, represented by the proper town authorities, and the owner of the fee. The…
2Cases cited2 opinions
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Maxwell v. HartmannWisconsin Supreme Court · 1881
3Cited by21 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.