Blesch v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Plaintiff is the owner of certain lots in the city of Fort Howard, on which are located his dwelling and brewery, and whose easterly front is on Pearl street.
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APPEAL from the Circuit Court for Brown County. Plaintiff is the owner of certain lots in the city of Fort Howard, on which are located his dwelling and brewery, and whose easterly front is on Pearl street. In 'November, 1862, defendant built a railroad track along Pearl street; and opposite plaintiff’s close, without his consent, it so located its track that a part thereof six inches in breadth (as the complaint alleges) is west of the middle of the street, and so upon land the fee of which is in the plaintiff; and from that time down to the commencement of this action in September, 1874, it…
1Opinion of the Court
The following opinion was filed September 2, 1879.
TayloR, J.
This case comes before this court a second time upon appeal by the defendant; and, by consulting the arguments of counsel on the former appeal, and the decision of the court, it will be seen that the same questions as to the rule of damages applicable to the case were discussed upon the former appeal that were discussed upon this. So far, therefore, as the decision in the former appeal settled any question as to the extent of damages which the plaintiff may recover in this action, it is res adjudieata in this case.
vOn the former…
2Cases cited18 opinions
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
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3Cited by19 opinions
- Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
14 more not listed; retrieve them via the Exa API.