Alexian Bros. v. City of Oshkosh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bhehell, Circuit Judge. This was an appeal from an assessment of damages and benefits in the matter of the condemnation of certain land belonging to Alexicm Brothers, a corporation, for the opening of Wisconsin avenue, in the city of Oshkosh, through block 133, said block being owned and occupied by the plaintiff, fronting on two streets, namely, Rew York avenue and Prospect avenue, the strip, taken…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bhehell, Circuit Judge. This was an appeal from an assessment of damages and benefits in the matter of the condemnation of certain land belonging to Alexicm Brothers, a corporation, for the opening of Wisconsin avenue, in the city of Oshkosh, through block 133, said block being owned and occupied by the plaintiff, fronting on two streets, namely, Rew York avenue and Prospect avenue, the strip, taken being sixty feet wide .and. 604 feet in length, running due north and south through the center of the block. The award of…
1Opinion of the CourtPinnet, J.
The instructions to the jury were sufficiently favorable to the defendant, and left the case for the determination of the jury in accordance with proper guides for •determining the value of the property taken. The court told the jury that speculative damages were not to be allowed, and in determining the value of the land they should not take into consideration what it might be worth at some remote and future time, when it might be used for some other purpose; that in determining the value of the land taken they were to be governed by the fair market value at •the time it was taken, for any…
2Cases cited3 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
- Esch v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
3Cited by9 opinions
- Carazalla v. StateWisconsin Supreme Court · 1955
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Jeffery v. OsborneWisconsin Supreme Court · 1911
- Green Acres Memorial Park, Inc. v. Mississippi State Highway CommissionMississippi Supreme Court · 1963
- Muscoda Bridge Co. v. Grant CountyWisconsin Supreme Court · 1929
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