Henry v. City of La Crosse
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse eounty: E. C. Higbee, Circuit Judge. This is an appeal to tbe circuit court from tbe determination of tbe board of public works and tbe common council of tbe city of La, Orosse awarding damages to abutting owners on account of tbe construction of a viaduct over tbe tracks of tbe Chicago, Milwaukee & St. Paul Railway Company on Rose street in said city in accordance witb an order of tbe railroad commission of…
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Appeal from a judgment of the circuit court for La Crosse eounty: E. C. Higbee, Circuit Judge. This is an appeal to tbe circuit court from tbe determination of tbe board of public works and tbe common council of tbe city of La, Orosse awarding damages to abutting owners on account of tbe construction of a viaduct over tbe tracks of tbe Chicago, Milwaukee & St. Paul Railway Company on Rose street in said city in accordance witb an order of tbe railroad commission of Wisconsin. After tbe case was appealed to tbe circuit court tbe Chicago, Milwaukee & St. Paul Railway Company and tbe Wisconsin…
1Opinion of the Court
The following opinion was filed April 4, 1917:
Kerwin, J.
It appears without dispute that the railroad of the defendant Chicago, Milwaukee & St. Paul Railwa/y Company was constructed at grade across Rose street in the city of La Crosse in 1856. Mill street is parallel and ad*629jacent to Rose street. Each of these streets is and was for a long time prior to 1882 covered by a network of railroad tracks. In 1883 a viaduct was built by authority of law at the Rose-street crossing of defendant Chicago, Milwaukee & St. Paul Railway Company. So for more than thirty years prior to the building of the new…
2Cases cited8 opinions
- Hobart v. Milwaukee City RailroadWisconsin Supreme Court · 1870
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Liermann v. City of MilwaukeeWisconsin Supreme Court · 1907
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3Cited by5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919
- Van Hecke v. City of Stevens PointWisconsin Supreme Court · 1924
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919
- McDonald v. City of De PereWisconsin Supreme Court · 1959