Dodge v. Burns
Wisconsin Supreme Court
APPEAL FROlil THE ROCK CIRCUIT COURT. The respondent, Burns, brought an action of trespass, qum'e clcmsum fregit^ against the appellant, Dodge, for entering upon a part of lot 24 in Smith and Bailey’s Addition to Janesville.
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APPEAL FROlil THE ROCK CIRCUIT COURT. The respondent, Burns, brought an action of trespass, qum'e clcmsum fregit^ against the appellant, Dodge, for entering upon a part of lot 24 in Smith and Bailey’s Addition to Janesville. The defendant pleaded specially to the declaration, justifying the supposed trespass, and alleging that he was the engineer and servant of the Milwaukee & Mississippi Railroad Company, and that said company, at the time of the supposed trespass, was the owner of the locus m quo. Also, in a second plea, that at the time when, &e., the locus m quo was the close, possession,…
1Opinion of the Court
By the Cowrt,
Cole, J.
We are of the opinion that the circuit court erred in this case, in ruling out the evidence in regard to the application of the Milwaukee and Mississippi railroad company for the appointment of commissioners to appraise the value of the lands taken, and for the asssessment of damage for such taking, as well as ruling out the proof of the various steps in the proceedings up to, and including the *519judgment of the circuit court on appeal, together ■with the plaintiff’s receipt in satisfaction of such judgment. The action was for trespass for entering the plaintiff’s close,…
2Cited by6 opinions
- Greenleaf v. BartlettSupreme Court of North Carolina · 1908
- Burns v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Stauffer v. Cincinnati, Richmond & Muncie RailroadIndiana Court of Appeals · 1904
- Haseltine v. HewittWisconsin Supreme Court · 1884
- Chicago, Iowa & Kansas Railroad v. KnuffkeSupreme Court of Kansas · 1887
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