Trustees of the First Congregational Church & Society v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The appeal is from an order dismissing a petition for the appointment of commissioners to appraise the damages for the taking of certain lands by the railroad company.
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APPEAL from the Circuit Court for Winnebago County. The appeal is from an order dismissing a petition for the appointment of commissioners to appraise the damages for the taking of certain lands by the railroad company. The petition, which was duly verified, alleges that the plaintiff is the owner of a lot in the city of Oshkosh, fronting upon Rond street on the east and upon Algoma street upon the north, upon which is located its church building; that the defendant company has built a railroad along said Bond street and across Algoma street, and in building the same has raised its track…
1Opinion of the Court
Cole,- C. J.
Since, upon the merits, we think no case was made for the appointment of commissioners to appraise ■damages to the petitioner’s property, we shall not decide the question of practice, as to whether or not an answer should have been filed to the petition so as to form an issue for trial. As a matter of fact, the parties went to a hearing and took testimony as though the statements in the petition had been formally denied; and, as we have intimated, we think the proof showed no taking of the property for which damages should be assessed.
It appears from the petition and proofs that…
2Cases cited3 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Heiss v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1881
3Cited by3 opinions
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- More-Way North Corp. v. State Highway CommissionWisconsin Supreme Court · 1969
- Sinnott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1892