Lyon v. Green Bay & Minnesota Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. In 1872, the defendant company located and built its railroad through inclosed land to which the plaintiff held title by patent from the state issued in 1859, and has fever since operated such railroad without procuring a condemnation to its use of the land thus occupied.
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APPEAL from the Circuit Court for Wood County. In 1872, the defendant company located and built its railroad through inclosed land to which the plaintiff held title by patent from the state issued in 1859, and has fever since operated such railroad without procuring a condemnation to its use of the land thus occupied. The fences, where they were crossed by the railroad, were thrown down by the company in 1872, and have since remained down; and the railroad has not been fenced. No cattle guards were constructed at the line of such fences, and the cattle of divers persons came upon plaintiff’s…
1Opinion of the CourtLyoN, J.
Upon the issue of title, this case, in all essential particulars, is like that of McVey v. The G. B. & Minn. R’y Co. [ante, p. 532], and is ruled by it. On the authority of that case it must be held that, as the proofs stand, the loeus in quo is the separate estate of the plaintiff. Being her separate estate, she may, although out of possession, maintain an action for any injury to the reversion.
But injury to the grass growing thereon (for which the damages were mainly, if not wholly assessed) is not an injury to the reversion; and, in order to recover therefor, it is incumbent on the…
2Cases cited1 opinion
- Lishey v. LisheyCourt of Appeals of Tennessee · 1874
3Cited by10 opinions
- Clay v. City of St. AlbansWest Virginia Supreme Court · 1897
- Dayton v. WalshWisconsin Supreme Court · 1879
- County of Kane v. Elmhurst National BankAppellate Court of Illinois · 1982
- T. G. W. Realties, Inc. v. Long Island Bird Store, Inc.New York Supreme Court · 1934
- Mobile & Ohio Railroad v. HesterSupreme Court of Alabama · 1898
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