Bigelow v. West Wisconsin Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The defendant appeals from a judgment for the plaintiff. The case is stated in the opinion. contended that by the terms of the company’s charter, plaintiff was entitled only to “ the value of the land entered upon, taken, possessed, occupied and used by said company ” (sec. 11, ch. 243, P. & L. Laws of 1868); that a “just compensation,” within the constitutional provision on that subject, means tbe actual value of the…
Read the full summary
APPEAL from the Circuit Court for Trempealeau County. The defendant appeals from a judgment for the plaintiff. The case is stated in the opinion. contended that by the terms of the company’s charter, plaintiff was entitled only to “ the value of the land entered upon, taken, possessed, occupied and used by said company ” (sec. 11, ch. 243, P. & L. Laws of 1868); that a “just compensation,” within the constitutional provision on that subject, means tbe actual value of the property taken, in money, without any deduction for estimated profit or advantage accruing to the owner from the proposed…
1Opinion of the CourtLyoN, J.
A motion, involving a question of practice, will be disposed of before proceeding to consider the merits of the case.
During the present term, and on the 9th day of January last, on the affidavit of the attorney for the appellant, and without notice to the respondent, one of the justices of this court granted an order giving the appellant until the 24th of the same month to serve the printed cases required by rule 10 of the rules of this court adopted in 1857. On the 10th day of the same month, a motion was filed to set aside and vacate that order for reasons stated in the motion. We are of…
2Cases cited7 opinions
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Evansville & Grawfordsville Railroad v. DickIndiana Supreme Court · 1857
- Schuylkill Navigation Co. v. FarrSupreme Court of Pennsylvania · 1842
- Nicks v. Town of MarshallWisconsin Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
- People ex rel. Longenecker v. NelsonIllinois Supreme Court · 1890
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Hungerford v. RedfordWisconsin Supreme Court · 1872
29 more not listed; retrieve them via the Exa API.