Legal Opinion

Chicago, Milwaukee & St. Paul Railway Co. v. Shepard Drainage District

Wisconsin Supreme Court

Decided May 23, 1916PublishedCited by 1 opinion

Appeal from an order of the circuit court for Dane county: E. Ray Stevejsts, Circuit Judge. Action under sec. 1379 — 29, Stats., to compel payment of the amount of expense incurred in opening plaintiff’s right' of way for passage of dredge.

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Appeal from an order of the circuit court for Dane county: E. Ray Stevejsts, Circuit Judge. Action under sec. 1379 — 29, Stats., to compel payment of the amount of expense incurred in opening plaintiff’s right' of way for passage of dredge. Omitting formal allegations, the material part of plaintiff’s complaint is as follows: That during the months of December, 1911, and January, 1912, the defendant was engaged in the construction of a drainage ditch within said district in accordance with certain plans and specifications theretofore approved by this court, and that in carrying on this…

1Opinion of the Court

■ Rosenberry, J.

There are two questions argued:. (1) Does the complaint state a cause of action? (2) Are the facts set out in defendant’s answer pleadable as a counterclaim ?

1. Whether the complaint states a cause of action or not depends upon whether it is an action to recover “damages” under sec. 1379 — 18, Stats., or whether it is for compensation under sec. 1379 — 29. The case of Chicago, M. & St. P. R. Co. v. Lemonweir River D. Dist. 135 Wis. 228, 115 N. W. 825, is said to determine this question adversely to plaintiff herein. ' In that case certain damages were awarded to the railroad…

2Cases cited1 opinion

  1. Chicago, Milwaukee & St. Paul Railway Co. v. Lemonweir River Drainage DistrictWisconsin Supreme Court · 1908

3Cited by1 opinion

  1. Lemonweir River Drainage District v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1929

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