Legal Opinion

Sherman v. Milwaukee, Lake Shore & Western Railroad

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 24 opinions

APPEAL from tbe Circuit Court for Manitowoo County. Trespass, by tbe owner of a lot in tbe city of Manitowoc, for tbe occupation and use by tbe defendant company, without bis consent, of tbe public highway adjoining bis premises, for its road-bed and track.

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APPEAL from tbe Circuit Court for Manitowoo County. Trespass, by tbe owner of a lot in tbe city of Manitowoc, for tbe occupation and use by tbe defendant company, without bis consent, of tbe public highway adjoining bis premises, for its road-bed and track. The complaint alleged two several entries upon said lands, one in 1872, and the other in 1873; their permanent occupation for the purposes mentioned; that plaintiff had in consequence been wholly deprived of access to his lot by way of such street; and that said lot was rendered uncomfortable by the noise, smoke and dust attendant upon its…

1Opinion of the CourtRyan, C. J.

This case is governed by the constitution and statutes of this state, and the settled construction of them by this court. Upon open questions in this court, we listen always with interest and often with instruction to the decisions of courts elsewhere, upon kindred questions. But when the rules of decision in this court are settled, we cannot disregard them because different rules may prevail elsewhere. There must always come a time when questions settled by the decisions of this court cease to be open here.

Under the constitution of this state, private property can not be taken for public use…

2Cases cited8 opinions

  1. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
  2. Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
  3. Norton v. PeckWisconsin Supreme Court · 1854
  4. Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
  5. Milwaukee & Mississippi Railroad v. EbleWisconsin Supreme Court · 1851

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
  2. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
  3. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
  4. Donnelly v. DeckerWisconsin Supreme Court · 1883
  5. Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884

19 more not listed; retrieve them via the Exa API.

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