Babcock v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: N. S. Gilson, Circuit Judge. The defendant in 1890 built a spur track entirely on its own land, which bounded a lot of the plaintiff’s decedent on the north and on the east.
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Appeal from a judgment of the circuit court for Fond du Lac county: N. S. Gilson, Circuit Judge. The defendant in 1890 built a spur track entirely on its own land, which bounded a lot of the plaintiff’s decedent on the north and on the east. In grading for said track, tlie fill or embankment extended over a triangle in the northeast corner of decedent’s lot sixteen feet long east and west by eight feet north and south; and the track was so close to his corner that, in passing around the curve rapidly, cars might swing so that the eaves might overhang the northeast corner of the decedent’s…
1Opinion of the CourtDodge, J.
By a long line of decisions, commencing with an intimation in Buchner v. C., M. & N. W. R. Co. 56 Wis. 403, collected and cited in Frey v. D., S. S. & A. R. Co. 91 Wis. 309, and followed in Hooe v. C., M. & St. P. R. Co. 98 Wis. 302, and Kuhl v. C. & N. W. R. Co. 101 Wis. 54, the force and effect of sec. 1852, Stats. 1898, has become fully established, to the extent that construction of its track by a railway company over the land of another, when consented to, either expressly or by tacit acquiescence, irrevocably • transfers from the owner to the company the permanent right of occupation…
2Cases cited10 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lenz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Jeffery v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
- Charnley v. Shawano Water Power & River Improvement Co.Wisconsin Supreme Court · 1901
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908
- Brickles v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.