Chi. & N. W. Ry. Co. Chi. & N. W. Ry. v. Union Lime Co.

• Decision Date: 11 March 1913
• Citation: 140 N.W. 346,152 Wis. 633
• Court: Wisconsin Supreme Court
• Parties: IN RE CHICAGO & N. W. RY. CO. CHICAGO & N. W. RY. CO. (EDEN INDEPENDENT LIME & STONE CO., INTERVENER) v. UNION LIME CO.

152 Wis. 633

140 N.W. 346

IN RE CHICAGO & N. W. RY. CO.

CHICAGO & N. W. RY. CO. (EDEN INDEPENDENT LIME & STONE CO., INTERVENER)

v.UNION LIME CO.

Supreme Court of Wisconsin.

March 11, 1913.

Appeal from Circuit Court, Fond du Lac County; Chester A. Fowler, Judge.

Application of Chicago & Northwestern Railway Company to condemn certain real property in Fond du Lac county for a spur track right of way against the Union Lime Company, in which the Eden Independent Lime & Stone Company intervenes. Judgment for petitioner, and defendant appeals. Affirmed.

This is an appeal by the Union Lime Company from the order of the circuit court appointing commissioners to ascertain and appraise the compensation to be made to the owners of real estate which it is sought to take to build a spur track as part of the Chicago & Northwestern Railway Company's spur tracks at the place therein designated and described.Lines, Spooner, Ellis & Quarles, of Milwaukee, for appellant.

Edward M. Smart, of Milwaukee, for respondent Chicago & N. W. Ry. Co.

L. E. Lurvey, of Fond du Lac, for intervener.

SIEBECKER, J.

The Nast Bros. Lime & Stone Company and the Union Lime Company are engaged in operating stone quarries and limeworks in section 6, township 14 N., range 18 E., in Fond du Lac county. The Chicago & Northwestern Railway Company is the owner of and is operating a spur track, with branches, switches, and sidings from its main line, through section 5 of the town and range mentioned above. This spur track terminates where it serves the business and interests of the Union Lime Company. A map of the location of the properties of the parties and the existing railroad tracks is made a part of the record, and is as follows:

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The Eden Independent Lime & Stone Company is the owner of premises, quarries, plants, buildings, limekilns, etc., in section 6.

Some time prior to June 30, 1911, the Eden Independent Lime & Stone Company petitioned the Railroad Commission of Wisconsin that the railway company be ordered and required to construct a spur track to its premises from the terminus of the spur track on the premises of the Union Lime Company. The Commission made the following order upon the petition: “It is therefore ordered that the Chicago & Northwestern Railway Company construct a suitable side track as prayed for by the petitioner herein, along the route designated by the blue print attached to the original petition, which side track shall be an extension of the railway company's track marked ‘D’ on said blue print. It is further ordered that the petitioner herein deposit with the Chicago & Northwestern Railway Company the sum of one thousand six hundred and sixty dollars ($1,660), the estimated cost of the proposed extension, and, in addition thereto, the sum of two hundred dollars ($200) to cover the portion of the right of way which has to be acquired by condemnation or otherwise, and also give the railroad company a bond, to be approved by the Commission as to form, amount, and surety, securing the railroad against loss on account of any expense incurred beyond the amount of the deposit with the railroad. Sixty days is deemed a reasonable period of time within which to comply with the provisions of this order. If for any valid reason compliance with the order cannot be made within such time, the Commission will extend the same upon application.”...