Chapman v. Oshkosh & Mississippi River Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Plaintiffs were awarded $600 damages by commissioners, for the right of way taken by defendant for its railway over the west half of Pine Street in front of lot 10, block 0, and in front of lots 11, 12 and 13 in block A, in the western addition to the First ward in the city of Oshkosh.
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APPEAL from the Circuit Court for Winnebago County. Plaintiffs were awarded $600 damages by commissioners, for the right of way taken by defendant for its railway over the west half of Pine Street in front of lot 10, block 0, and in front of lots 11, 12 and 13 in block A, in the western addition to the First ward in the city of Oshkosh. From this award they appealed to the circuit court. ■ It was shown by plaintiffs that they owned lot O in block D, and lots 2, 3 and 9 in block O, and lots 4 to 19, inclusive, in block M, in addition to the lots above named; that they occupied said lots 2 and…
1Opinion of the CourtCole, J.
The principal exceptions arising upon this record *634may be conveniently considered in connection with the following questions:'
1. Were the plaintiffs entitled to recover any damages which might be caused to their mill property on lots 2 and 3, and which resulted by reason of the condemnation of the Pine Street lots ?
2. Were they entitled to recover such damages as they could show that they had sustained as riparian proprietors of lots on Eox River, in consequence of the breakage of their river front by the erection of the railroad bridge across Eox River and the construction of the embankment ?
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2Cases cited5 opinions
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
- Tomlin v. Dubuque, Bellevue & Miss. R. R.Supreme Court of Iowa · 1871
- Welch v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
- Hegar v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
3Cited by13 opinions
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
- Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
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