Uniacke v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In July, 1885, tbe appellant instituted the usual statutory proceedings to condemn to its use a large amount of property in the city of Milwaukee, including the east fifty feet of lot 15, block 8G, in the Fourth ward, owned by the plaintiff, and situated on the northeast corner of Second and Fowler streets, having a frontage of fifty feet on Second street, and a depth of 150 feet on Fowler street.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. In July, 1885, tbe appellant instituted the usual statutory proceedings to condemn to its use a large amount of property in the city of Milwaukee, including the east fifty feet of lot 15, block 8G, in the Fourth ward, owned by the plaintiff, and situated on the northeast corner of Second and Fowler streets, having a frontage of fifty feet on Second street, and a depth of 150 feet on Fowler street. Commissioners were thereupon appointed by the court, who afterwards, on the 15th of August, 1885, filed their report, whereby they awarded as…
1Opinion of the CourtLyoN, J.
1. The question chiefly argued on this appeal is that of interest. The contention on behalf of the railway company is that, inasmuch as it had not taken actual possession of the condemned premises, it is inequitable to ■ require it to pay interest on the sum paid into court for the use of the owner thereof, after the date of such payment. The argument is that the company is required by law to pay the money, and it should not be compelled to pay it and also to pay interest on it accruing thereafter.
The general rule in this state is that, pending an appeal from the award, the sum awarded draws…
2Cases cited3 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879
3Cited by14 opinions
- Clark v. CoxSupreme Court of Connecticut · 1947
- Campau v. City of DetroitMichigan Supreme Court · 1923
- Plum v. City of KansasSupreme Court of Missouri · 1890
- City of Los Angeles v. AitkenCalifornia Court of Appeal · 1939
- A. Gettelman Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1943
9 more not listed; retrieve them via the Exa API.