Price v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiff appealed to- said court from the award of commissioners appointed to estimate his damages for the construction of the “ Sun Prairie Division ” of defendant’s road along the water side of certain lots abutting on Lake Monona, in the city of Madison.
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APPEAL from the Circuit Court for Dane County. The plaintiff appealed to- said court from the award of commissioners appointed to estimate his damages for the construction of the “ Sun Prairie Division ” of defendant’s road along the water side of certain lots abutting on Lake Monona, in the city of Madison. The amount so awarded was $500. It appeared that plaintiff purchased the lots from one Parkinson, in 1867, for $4,500, paying $500 in cash, and mortgaging the property back to secure the remainder. It appears from the brief of counsel for defendant (but not from the printed case), that…
1Opinion of the CourtCole, J.
In this case, after the judgment was entered, the plaintiff filed a remittitur of $150, included in the damages by the jury as the cost of constructing a necessary retaining wall along his lot, to protect it from further injury and to restore the bank to its former condition; this remittitur to take effect providing the company should construct such wall by the 1st day of July, 1870. All the testimony upon the point went to show that such a wall was absolutely necessary, and the cost of it was beyond all question a proper item of damages. The company, however, offered to show that a wall was…
2Cited by4 opinions
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
- United States v. Certain Property Located in Borough of ManhattanDistrict Court, S.D. New York · 1963
- Barden v. City of PortageWisconsin Supreme Court · 1891