Wisconsin Central Railroad v. Cornell University
Wisconsin Supreme Court
APPEAL from the Circuit Court for Taylor County. On the 1st of August, 1879, the Wisconsin Central Railroad Company filed its verified petition with the clerk of the circuit court for Taylor county (to which Price county was attached for judicial purposes) for condemning certain lands therein described for its right of way in Price county.
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APPEAL from the Circuit Court for Taylor County. On the 1st of August, 1879, the Wisconsin Central Railroad Company filed its verified petition with the clerk of the circuit court for Taylor county (to which Price county was attached for judicial purposes) for condemning certain lands therein described for its right of way in Price county. The petition was addressed to the judge of said court, and alleged, among other things, that the width of the right of way over said lands, required by the company, was 200 feet, and that the same was necessary to construct and operate, its road, for the…
1Opinion of the Court
The following opinion was filed March 24, 1881:
Cassoday, J.
The order of the circuit court here for consideration was appealable. Wis. Cent. R. R. Co. v. Cornell University, 49 Wis., 162.
*540Whatever may have been the wording of the charter of the Wisconsin Central Railroad Company, we are inclined to think that, as the law stood at the time these proceedings were instituted, the railroad company was limited to 100 feet for its right of way, unless the necessity for taking more should be first shown. Section 1845, R. S., provides that “ any railroad corporation may acquire any real estate, which…
2Cases cited4 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
- Wisconsin Central Railroad v. Cornell UniversityWisconsin Supreme Court · 1880
- Cornell University v. Wisconsin Central RailroadWisconsin Supreme Court · 1880
3Cited by9 opinions
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Wisconsin Central Co. v. KnealeWisconsin Supreme Court · 1891
- Pere Marquette Railroad v. United States Gypsum Co.Michigan Supreme Court · 1908
- State ex rel. M. A. Hanna Dock Co. v. WillcutsWisconsin Supreme Court · 1910
- Duluth Terminal Railway Co. v. City of DuluthSupreme Court of Minnesota · 1911
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