Younkin v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. This is an appeal from an order overruling a demurrer to a complaint alleging, in effect, that at the time of the com-, mencement of the action the several plaintiffs were the owners in fee simple and in severalty' of the several lots of land therein described, each lot fronting and abutting upon Lincoln avenue in the city of Waukesha, such lots having an aggregate frontage on both…
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Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. This is an appeal from an order overruling a demurrer to a complaint alleging, in effect, that at the time of the com-, mencement of the action the several plaintiffs were the owners in fee simple and in severalty' of the several lots of land therein described, each lot fronting and abutting upon Lincoln avenue in the city of Waukesha, such lots having an aggregate frontage on both sides of said avenue of about 2,000 feet, being between Hartwell avenue and the eastern limits of the city of Waukesha;…
1Opinion of the CourtCassoday, C. J.
The defendant contends that the complaint does not state facts sufficient to constitute a cause of action. This is put upon the ground that such commercial railway, with a single track, had been constructed and operated by the defendant for two years prior to the commencement of this action, with the knowledge and acquiescence of the plaintiffs, and hence with their tacit consent, and therefore that the plaintiffs could not object to such proposed *19construction of such double track, but were severally relegated to their remedy by condemnation proceedings under sec. 1852 of ch. 87 of the…
2Cases cited19 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- Schwede v. Hemrich Bros. Brewing Co.Washington Supreme Court · 1902
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
- Edinburg Irr. Co. v. LedbetterCourt of Appeals of Texas · 1922
- McMechen v. Hitchman-Glendale Consolidated Coal Co.West Virginia Supreme Court · 1921
12 more not listed; retrieve them via the Exa API.