ILLINOIS CENTRAL R. CO. v. BLAHA


3 Wis.2d 638 (1958)

ILLINOIS CENTRAL RAILROAD COMPANY, Respondent, vs. BLAHA, Trustee, Appellant.

Supreme Court of Wisconsin.

April 8, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Arthur Wickham of counsel, all of Milwaukee, and oral argument by Mr. Wickham.

For the respondent there was a brief by Schubring, Ryan, Petersen & Sutherland, and oral argument by William Ryan and by James C. Herrick, all of Madison.


MARTIN, C. J.

Defendant contends (1) that the judgment in the Cunningham case is not binding on it for the reason that it was not given proper and timely notice or a reasonable opportunity to defend in that action; (2) that defendant's dock was not an "obstruction" within the meaning of the sidetrack agreement; (3) that plaintiff is estopped because it moved the tracks closer to the dock after the agreement was entered into; (4) that defendant should have had the...

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