Neilson v. Chicago, Milwaukee & NorthWestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The defendant company located and constructed its railway over and across the plaintiffs’ farm of 160 acres, in the town of Blooming Grove, Dane county, and instituted condemnation proceedings to obtain the right of way for the same through such farm. An award of damages having been made by commissioners duly appointed for that purpose, an appeal was taken therefrom to .the circuit court of Dane county.
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APPEAL from the Circuit Court for Dane County. The defendant company located and constructed its railway over and across the plaintiffs’ farm of 160 acres, in the town of Blooming Grove, Dane county, and instituted condemnation proceedings to obtain the right of way for the same through such farm. An award of damages having been made by commissioners duly appointed for that purpose, an appeal was taken therefrom to .the circuit court of Dane county. A trial of the appeal resulted in an assessment by a jury of $300 for the value of the land of plaintiff actually taken by the company, and of…
1Opinion of the CourtLyoN, J.
There are certain established rules of evidence-by which the rulings of the circuit judge on the trial rejecting or admitting testimony must be tested. These will be stated and briefly considered.
1. It is settled that the rule by which the damages to-plaintiffs’ land adjoining the defendant’s railway is to be determined, is the depreciation of the market value of such land caused by the construction and operating of the railway through their farm, less any special benefits which may thereby accrue to the plaintiffs. Also that witnesses, may, after stating the amount of depreciation, testify…
2Cases cited5 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
3Cited by14 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
- National Biscuit Co. v. NolanCourt of Appeals for the Eighth Circuit · 1905
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Munkwitz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
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