Application of Gruhl Sash & Door Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Proceeding instituted by a landowner under sec. 1852, Stats. 1917, for the condemnation of certain of its land by a railway company which, petitioner claims, appropriated the land for railroad right-of-way purposes. The strip of land in question averages about three feet in width.
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Proceeding instituted by a landowner under sec. 1852, Stats. 1917, for the condemnation of certain of its land by a railway company which, petitioner claims, appropriated the land for railroad right-of-way purposes. The strip of land in question averages about three feet in width. The trial' court determined that the land had been so appropriated and ordered the appointment of' appraisers for condemnation. From this order the railway company appeals.
1Opinion of the CourtJones, J.
Mr. Justice Kerwin did not participate in the consideration and decision of this case. The court is equally divided in opinion upon the question involved on this appeal. Mr. Justice Vinje, Mr. Justice Rosenberry, and Mr. Justice Eschweiler are of opinion that the order appealed from should be reversed, and Mr. Chief Justice Siebecker, Mr. Justice Owen, and the writer are of opinion that the order should be affirmed. Under the established rule it follows that the order appealed from is affirmed. Swenson v. Flint, 123 Wis. 613, 101 N. W. 1135; Hagenah v. Milwaukee E. R. & L. Co. 136 Wis. 300,…
2Cases cited3 opinions
- Hagenah v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- State v. CarterWisconsin Supreme Court · 1918
- Swenson v. FlintWisconsin Supreme Court · 1905
3Cited by6 opinions
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- John Teske v. Wilson Mutual Insurance CompanyWisconsin Supreme Court · 2019
- Kahn v. MalaneyWisconsin Supreme Court · 1921
- Raytrell K. Fitzgerald v. Circuit Court for Milwaukee Co.Wisconsin Supreme Court · 2019
- Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
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