Legal Opinion

Evans v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Wisconsin Supreme Court

Decided December 29, 1893PublishedCited by 7 opinions

APPEAL from the Circuit Court for St. Croix County. It is alleged in the complaint, in effect, that First street in Hudson is sixty feet in width, and runs north and south, and has existed for more than thirty years; that prior to May 17,1879; the Hudson & River Falls Railway Company constructed, and was then operating, two railway tracks on the westerly side of said street at the place in question; that May 17, 1879, one Elizabeth A. Denniston was the owner in fee simple of…

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APPEAL from the Circuit Court for St. Croix County. It is alleged in the complaint, in effect, that First street in Hudson is sixty feet in width, and runs north and south, and has existed for more than thirty years; that prior to May 17,1879; the Hudson & River Falls Railway Company constructed, and was then operating, two railway tracks on the westerly side of said street at the place in question; that May 17, 1879, one Elizabeth A. Denniston was the owner in fee simple of lot 1, block B, Willow River, now a part of said city, except five feet off the south side thereof, which lot is…

1Opinion of the CourtCassoday, J.

It sufficiently appears -from the foregoing statement that since the construction of the depot mentioned the defendant had used the street opposite the plaintiff’s lot in such a manner as to completely obstruct all travel with teams thereon, and to entirely destroy the *603use of the same as a public highway, and thereby prevented the plaintiff’s former customers, and other persons who would otherwise have done business with him at his warehouse and elevator, from having access to or egress from the same, and that by such action- the defendant has destroyed the plaintiff’s business and rendered…

2Cases cited15 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
  3. Pettibone v. HamiltonWisconsin Supreme Court · 1876
  4. New York Elevated Railroad v. Fifth National BankSupreme Court of the United States · 1890
  5. Walker v. ShepardsonWisconsin Supreme Court · 1853

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Mahler v. BrumderWisconsin Supreme Court · 1896
  2. Steltz v. City of WausauWisconsin Supreme Court · 1894
  3. Baier v. SchermerhornWisconsin Supreme Court · 1897
  4. Price v. Oakfield Highland Creamery Co.Wisconsin Supreme Court · 1894
  5. Depow v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912

2 more not listed; retrieve them via the Exa API.

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