Powers v. Bears
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Complaint to restrain tbe defendants from digging up tbe soil, and malting excavations and embankments across a tract of land belonging to tbe plaintiffs, wbicb, it is alleged, tbe defendants, wbo are insolvent, bave without color of right, commenced doing, and are threatening to proceed with, so as to binder tbe free passage of tbe plaintiffs from one part of their said land to tbe other, rendering tbe part so appropriated…
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APPEAL from tbe Circuit Court for Winnebago County. Complaint to restrain tbe defendants from digging up tbe soil, and malting excavations and embankments across a tract of land belonging to tbe plaintiffs, wbicb, it is alleged, tbe defendants, wbo are insolvent, bave without color of right, commenced doing, and are threatening to proceed with, so as to binder tbe free passage of tbe plaintiffs from one part of their said land to tbe other, rendering tbe part so appropriated to such excavations and embankments entirely worthless to tbe plaintiffs for agricultural purposes, for wbicb it was…
1Opinion of the Court
By the Court,
DixoN, C. J.
We do not feel called upon in this case to enter into a discussion of tbe question, as to tbe time when tbe owner of private property taken for public *220use shall be compensated therefor, to which counsel devoted much attention, and the repeated and thorough examinations of which by the courts of our sister states, have produced a variety of conflicting and irreconcilable opinions and decisions, for the reason that we regard it as substantially settled, in a manner entirely in harmony with our own views, by the former adjudications of this court. In the case of Norton…
2Cases cited3 opinions
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Norton v. PeckWisconsin Supreme Court · 1854
- Shepardson v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1858
3Cited by17 opinions
- Varner v. MartinWest Virginia Supreme Court · 1883
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- State ex rel. Wausau Street Railroad v. BancroftWisconsin Supreme Court · 1912
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
- Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
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