Carl v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylob: “The material allegations of the complaint are, that the plaintiff owned a certain described lot in said city in the year 1869, and continued to own it until 1873; that there was a dwelling house on the lot; and that in 1869 the defendant company built the track of their road along the center of the street in front of said lot, and erected an embankment and dug ditches along…
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylob: “The material allegations of the complaint are, that the plaintiff owned a certain described lot in said city in the year 1869, and continued to own it until 1873; that there was a dwelling house on the lot; and that in 1869 the defendant company built the track of their road along the center of the street in front of said lot, and erected an embankment and dug ditches along the line of their track in said street, and continued the same to the date of this action, and thereby hindered and…
1Opinion of the Court
Tayloe, .1.
This action must be treated as an action against the railroad company for a continuing trespass upon or nuisance to the lands of the plaintiffj caused by building *628and maintaining its railroad track in a public street in the city of Fond du Lac, in front of said lands, and part of which track is upon said lands, hut in said public street.
The objection to the introduction of any evidence under the complaint, we think, was properly overruled. The complaint clearly states a cause, of action against the defendant for an unlawful entry upon and occupation of a part of the plaintiff’s…
2Cases cited11 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Waggoner v. JermaineNew York Supreme Court · 1846
- Illinois Central Railroad v. GrabillIllinois Supreme Court · 1869
- Pennoyer v. City of SaginawMichigan Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Field v. Apple River Log Driving Co.Wisconsin Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.