Davis v. La Crosse & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court of Columbia, County. The complaint of Davis, the plaintiff below, which was filed in November, 1858, alleged that he was a resident of the state of Wisconsin: that during the summer and fall of 1856, and the following winter and spring, the La Crosse and Milwaukee Railroad Company entered upon certain real estate, of which the plaintiff was seized in fee, of the value of $5000, being lots 3 and 14 in block 3, in D. H. & T.’s addition to the city…
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APPEAL from the Circuit Court of Columbia, County. The complaint of Davis, the plaintiff below, which was filed in November, 1858, alleged that he was a resident of the state of Wisconsin: that during the summer and fall of 1856, and the following winter and spring, the La Crosse and Milwaukee Railroad Company entered upon certain real estate, of which the plaintiff was seized in fee, of the value of $5000, being lots 3 and 14 in block 3, in D. H. & T.’s addition to the city of Portage, and eleven acres adjacent (particularly described), and located their railroad through said property, using…
1Opinion of the Court
By the Court,
Cole, J.
If we correctly understand the complaint in this case, it had in view two objects; first, to obtain that legal and constitutional compensation which the respondent might be entitled to receive, by reason of the taking and permanent appropriation of his land by the railroad company; and second, to obtain an injunctional order, under chapter 80, Session Laws of 1858, enjoining and restraining the railroad company, its officers, agents, and all persons claiming under the company, from running cars or locomotives over the land thus appropriated, until this compensation, and…
2Cited by8 opinions
- Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
- Connell v. City of KaukaunaWisconsin Supreme Court · 1917
- Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
- Pettibone v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
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