Heiss v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This is a proceeding by a laud-owner to have her premises condemned for the use of the railroad company, respondent herein, for its right of way, and to have commissioners appointed to appraise her damages. The facts sufficiently appear in the opinion. The petitioner appeals from an order denying her application.
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APPEAL from the Circuit Court for Winnebago County. This is a proceeding by a laud-owner to have her premises condemned for the use of the railroad company, respondent herein, for its right of way, and to have commissioners appointed to appraise her damages. The facts sufficiently appear in the opinion. The petitioner appeals from an order denying her application. They contended that it is the imperative dutj? of the railroad company, under sec. 1836, R. S., to restore the east half of the street to its former usefulness, and it cannot do that without from time to time entering upon…
1Opinion of the CourtColts, C. J.
The appellant, Carrie Heiss, is the owner of certain lots in the city of Oshkosh abutting on the west upon the east side of Division street. The respondent railroad company, in the year 1882, constructed its line of railway along Division street opposite her lots; the track of the road-bed being wholly on the westerly half of the street. The road-bed where it passes the lots of the appellant is raised above the ordinary grade of Division street about fifteen inches, but it does not touch the center line of the street by about two inches. The east half of Division street at this point has been…
2Cases cited4 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Chapman v. Oshkosh & Mississippi River RailroadWisconsin Supreme Court · 1873
3Cited by5 opinions
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Garrett v. Lake Roland Elevated Railway Co.Court of Appeals of Maryland · 1894
- Northern Central Railway Co. v. Oldenburg & Kelley, Inc.Court of Appeals of Maryland · 1914
- Trustees of the First Congregational Church & Society v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1890
- Sinnott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1892