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WEISS v. CHICAGO, NORTH SHORE & M. RAILROAD

9 Wis.2d 581 (1960)

WEISS and another, Appellants, v. CHICAGO, NORTH SHORE & MILWAUKEE RAILROAD, Respondent.

Supreme Court of Wisconsin.

March 8, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Bernard N. Freudenfeld, attorney, and Harry A. Kovenock of counsel, both of Milwaukee.

For the respondent there was a brief by Wood, Brady, Tyrrell & Bruce of Milwaukee, and oral argument by Jackson M. Bruce.

MARTIN, C. J.

The only question on this appeal is whether the findings of the trial court warrant the judgment and the orders appealed from. The following facts are taken from the findings of the court.

Since August 1, 1940, appellants have owned a 20-acre tract of land in Oak Creek, Milwaukee county. The land is bisected by a 100-foot-wide right of way of the respondent railroad which runs northwest and southeast...

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