Frey v. Duluth, South Shore & Atlantic Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: E. D. Mabshall, Circuit Judge. While one Ira W. Burhans was the owner in fee of blocks 16 and 18, abutting on their northeasterly side on West Nineteenth street, and on their southwesterly side on West Twentieth street, in Superior, in the year 1888, the defendant railway company constructed its railway along and upon the center of said West Nineteenth street, and used and occupied the same up to July, 1894,…
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Appeal from a judgment of the circuit court for Douglas county: E. D. Mabshall, Circuit Judge. While one Ira W. Burhans was the owner in fee of blocks 16 and 18, abutting on their northeasterly side on West Nineteenth street, and on their southwesterly side on West Twentieth street, in Superior, in the year 1888, the defendant railway company constructed its railway along and upon the center of said West Nineteenth street, and used and occupied the same up to July, 1894, when it abandoned that portion of its line in Nineteenth street, and removed its track to Ninth street. On June 18,1890,…
1Opinion of the Court
Cassoday, O. J.
Burhans was the owner in fee of the lands in question at the time the defendant constructed its railway over the same, as indicated in the foregoing statement. It never instituted any proceedings for the condemnation of any part of such lands, nor obtained any conveyance of the same. We must assume that its entry upon such lands, and the construction of its road thereon, were with the acquiescence and consent of such owner, subject, of course, to the payment to such owner of just compensation. Const, art. I, sec. 13. Since the statutes of 1872-73 (R. S. sec. 1852) it has been…
2Cases cited7 opinions
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Walton v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1888
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
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- Babcock v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
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