Marsh v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county: James J. Dsce, Circuit Judge. The appeal is from a judgment rendered upon a verdict for the appellant upon appeal to the circuit court from the award of commissioners in a condemnation proceeding.
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Appeal from a judgment of the circuit court for Wau-kesha county: James J. Dsce, Circuit Judge. The appeal is from a judgment rendered upon a verdict for the appellant upon appeal to the circuit court from the award of commissioners in a condemnation proceeding. March 3, 1904, the respondent filed its petition in the circuit court for Waukesha county seeking “to condemn and permanently appropriate all the rights of property which would, entitle tbe owners and persons interested in tbe lots fronting and abutting upon said Lincoln avenue (or street) ... to damages by reason of tbe construction,…
1Opinion of the CourtTimxiN, J.
Tbe appellant assigns error because tbe trial court refused to instruct tbe jury as requested by her counsel and in giving certain instructions hereinafter noted. Some of these requests were properly refused, but among tbe instructions requested were tbe following:
“Said plaintiff is entitled in tbis action to recover damages, if any there be, for tbe taking and appropriating by tbe defendant company of a portion of said Lincoln avenue as a *388right of way for the location of its tracks used in operating its said interurban railway.”
“Tbe legal effect of this proceeding by tbe defendant company is…
2Cases cited11 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
- Esch v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beloit, Delavan Lake & Janesville Railway Co. v. MacloonWisconsin Supreme Court · 1908
- Gosa v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
- Ottawa (Vil.) v. Ohio Elec. Ry.Ohio Circuit Courts · 1910
- Petrie v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
- Templeton v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.