Thompson v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for damages resulting to plaintiff’s land from the construction of the defendant’s road across the rear end thereof, abutting upon Lake Monona, in the city of Madison. It appeared that defendant had cut away the bank of the lake on said lot several feet, and that a retaining wall would be necessary to preserve the hank as thus altered.
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APPEAL from the Circuit Court for Dane County. Action for damages resulting to plaintiff’s land from the construction of the defendant’s road across the rear end thereof, abutting upon Lake Monona, in the city of Madison. It appeared that defendant had cut away the bank of the lake on said lot several feet, and that a retaining wall would be necessary to preserve the hank as thus altered. The court ruled out evidence offered by defendant to show its readiness and intention to contract such a wall for the protection of its road. The jury found the value of the strip taken to be $25; and the…
1Opinion of the CourtCole, J.
We do not think there was any error in excluding the evidence offered on the part of the defendant. The offer was to show that it was necessary for the security of the road-bed, arid the safe operation of the road, for the company to construct on the bank of the plaintiff’s lot a retaining wall; that the company had instructed its engineer to construct such a wall to protect the plaintiff’s lot, had got the stone ready for the purpose, and was about to do the work. Now what could have been the object of this testimony ? Obviously to lessen the plaintiff’s damages by the amount which it would…
2Cited by11 opinions
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- Godbey v. City of BluefieldWest Virginia Supreme Court · 1907
- Milwaukee Electric Railway & Light Co. v. BeckerWisconsin Supreme Court · 1923
- Monongahela Valley Traction Co. v. WindomWest Virginia Supreme Court · 1916
- Barden v. City of PortageWisconsin Supreme Court · 1891
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