Shealy v. Chicago, Madison & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiffs filed their petition in the circuit court praying the appointment of commissioners to ascertain and appraise the compensation to be made to them for the taking of their land by the defendant railroad compan}7. The principal allegations of the petition are stated in the opinion.
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APPEAL from the Circuit Court for Dane County. The plaintiffs filed their petition in the circuit court praying the appointment of commissioners to ascertain and appraise the compensation to be made to them for the taking of their land by the defendant railroad compan}7. The principal allegations of the petition are stated in the opinion. The petition also alleged that the plaintiffs’ property has been and will be greatly damaged and depreciated in value by the passage of trains over, across, and on the street, by reason of smoke, jarring, noise, dust, danger of fire, etc. This allegation the…
1Opinion of the CourtCole, C. J.
We decline on this appeal to enter into a discussion of the question as to the rule of damages. That question may more properly be considered when the evidence is before the court. It is sufficient now to say that the petition states facts which authorize this proceeding of condemnation to ascertain the damages sustained, if any, by the construction and operation of the railroad along and by the petitioners’ lot. The petition states, among other things, that a public street known as Main street runs along by and in front of this lot on the northwest end thereof; that the petitioners are the…
2Cases cited1 opinion
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
3Cited by3 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- State ex rel. Rice v. ChittendenWisconsin Supreme Court · 1900
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919