Diedrichs v. Northwestern Union Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This is an action to restrain the defendant from entering upon and permanently appropriating to its use, for the purposes of its road bed, certain real estate in the city of Milwaukee belonging to the plaintiff, until the defendant shall have made compensation therefor.
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APPEAL from the County Court of Milwaukee County. This is an action to restrain the defendant from entering upon and permanently appropriating to its use, for the purposes of its road bed, certain real estate in the city of Milwaukee belonging to the plaintiff, until the defendant shall have made compensation therefor. The complaint alleges that the defendant threatens and intends immediately to prepare the road bed and track of its railroad over and across the lands of the plaintiff, on the line previously located therefor, and that it has not agreed with the plaintiff as to the amount of…
1Opinion of the CourtLyon, J.
There could be no doubt of the plaintiff’s right to the injunction asked for, if the defendant is about to take permanent possession of his land without a determination, by some legal method, of the sum to be paid to the plaintiff therefor, and payment or tender of such sum to the plaintiff or some person authorized by law to receive the same. Bohlman v. The Green Bay & Lake Pepin R'y Co., 30 Wis., 105, and cases cited. But to entitle him to such injunction, he must show that the defendant threatens or intends to take possession of his land without making such payment or tender. The complaint…
2Cases cited1 opinion
- Bohlman v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1872
3Cited by8 opinions
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- Poirier v. FetterSupreme Court of Kansas · 1878
- Church v. Joint School District No. 12Wisconsin Supreme Court · 1882
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908
- Jasper v. McNeleyMissouri Court of Appeals · 1894
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