Smith v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This is a proceeding instituted by the respondent, A. Ilyatt Smithy for the appointment of commissioners to appraise certain lands in the city of Janesville, occupied by the appellant’s tracks, and which respondent, as trustee under the will of his late wife, claims to own, and w’hich he alleges to have been taken by the appellant without, purchase or payment of damages.
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APPEAL from the Circuit Court for Rock County. This is a proceeding instituted by the respondent, A. Ilyatt Smithy for the appointment of commissioners to appraise certain lands in the city of Janesville, occupied by the appellant’s tracks, and which respondent, as trustee under the will of his late wife, claims to own, and w’hich he alleges to have been taken by the appellant without, purchase or payment of damages. The appellaut ans.wered the petition, in effect denying plaintiff’s title to the lands in question, and claiming that respondent had, by written instrument under seal, consented…
1Opinion of the Court
The following opinion was filed November 11, 1891:
Winslow, J.
The questions raised by this appeal are: First. Was the agreement of release of damages void be-*273caus'e executed on Sunday? Second. Does the plaintiff’s ownership extend across the right of way and bed of the mill-race lying adjacent to his lots?
I. The agreement was confessedly signed by Smith and delivered to one Ford on Sunday. The circuit court found that Ford was acting as agent for the railway company at the time, and this finding is fully supported by the evidence. Under these circumstances, the question seems to be ruled by…
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