Blesch v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Plaintiff is tlie owner of certain lots in tbe city of Fort Howard, on wliicb are located his dwelling and brewery, and whose easterly front is upon Pearl street.
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APPEAL from tbe Circuit Court for Brown County. Plaintiff is tlie owner of certain lots in tbe city of Fort Howard, on wliicb are located his dwelling and brewery, and whose easterly front is upon Pearl street. In November, 1862, defendant built a railroad track along Pearl street; and opposite plaintiff’s close, without his consent, it so located its track that a part thereof, six inches in breadth, is west of the middle of the street, and so upon land the, fee of which is in the plaintiff; and from that time down to the commencement of this action in September, 1874, it had continuously run…
1Opinion of the CourtCole, J.
The first error assigned for reversing the judgment is, the overruling of the objection to the admission of any evidence under the complaint. The objection was founded on the assumption that the statute remedy is exclusive, where the landowner waives his right to prevent the occupation of his land, and elects to proceed for the recovery of damages, or compensation. The complaint states a cause of action for trespass to land in a public street, adjoining the plaintiff’s premises, and there is no fact in the case from which a waiver of any legal right on the part of the plaintiff can be…
2Cases cited1 opinion
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
3Cited by26 opinions
- Campbell v. United StatesSupreme Court of the United States · 1924
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- Johnson v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1947
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