Cronin v. Janesville Traction Co.
Wisconsin Supreme Court
Affirmed as to one respondent; reversed as to the other. Action in equity to enjoin tbe defendants from occupying a part of plaintiff’s real estate witb tbeir railway embankment. Tbe plaintiff owns a parcel of land of about twenty-four acres in tbe city of Janesville, lying east of tbe Beloit and Janesville road (now called Beloit avenue) and north of Eastern avenue.
Read the full summary
Affirmed as to one respondent; reversed as to the other. Action in equity to enjoin tbe defendants from occupying a part of plaintiff’s real estate witb tbeir railway embankment. Tbe plaintiff owns a parcel of land of about twenty-four acres in tbe city of Janesville, lying east of tbe Beloit and Janesville road (now called Beloit avenue) and north of Eastern avenue. Its location will more readily be understood by reference to tbe plat bere inserted: The defendant traction company, a domestic corporation, •constructed its street railway upon said Beloit avenue a number of years ago under a…
1Opinion of the CourtWiNslow, C. J.
It is quite clear that the trial court was wrong as to the location of the east line of the highway at the place in question. There was no dispute as to the facts. The Janesville and Beloit road has existed for more than sixty years. There is no proof as to how or by whom it was first laid out, but it has been traveled longer than the time named. Eor upwards of fifty years, according to the uncon-tradicted evidence, the so-called “old fence” has stood in its *439present location and marked tbe east line of tbe road as used. Tbe plaintiff acquired title to tbe premises marked “plaintiff’s land” on…
2Cases cited6 opinions
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Gove v. WhiteWisconsin Supreme Court · 1866
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- Rines v. BoydWisconsin Supreme Court · 1859
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
- Olen v. Waupaca CountyWisconsin Supreme Court · 1941
- Brunette v. BrunetteWisconsin Supreme Court · 1920
- Peters v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1917
- Jeleniewski v. EckWisconsin Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.