Milwaukee Electric Railway & Light Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from orders of the superior court of Milwaukee county: R. N. AustiN, Judge. This is an action in equity, brought by the plaintiff company, to enjoin the city of Milwauleee from tearing up or removing the tracks which it had commenced to lay on the 24th day of May, 1896, on two'blocks of Washington avenue, or Twenty-Seventh street, in the city of Milwaukee, between Wells street and Chestnut street.
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Appeal from orders of the superior court of Milwaukee county: R. N. AustiN, Judge. This is an action in equity, brought by the plaintiff company, to enjoin the city of Milwauleee from tearing up or removing the tracks which it had commenced to lay on the 24th day of May, 1896, on two'blocks of Washington avenue, or Twenty-Seventh street, in the city of Milwaukee, between Wells street and Chestnut street. These are the same blocks involved in the action of Wright v. Milwcmlcee Electric B. & L. Oo., ante, p. 29; and this action is a branch of the same contest. The facts stated in that case will…
1Opinion of the Court
•WiNsnow, J.
It was held in the ease of Wright v. Milwaukee Electrrie R. & L. Co., ante, p. 29, that the street railway’s franchise to operate a street railway upon the street in question had not lapsed or been lost at the time it commenced to relay its tracks. We shall not go over the ground again in the present case. Practically the only question remaining in the present case is whether the city can successfully maintain an action in equity to prevent the relaying of the tracks on account of the nonuse of the street for nearly five years. It will be readily seen that, if it can do so, the…
2Cases cited1 opinion
- State ex rel. Attorney General v. Janesville Water Co.Wisconsin Supreme Court · 1896
3Cited by10 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- City & County of San Francisco v. Pac. Tel. & Tel. Co.California Supreme Court · 1913
- Vandalia Railroad v. StillwellIndiana Supreme Court · 1914
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
- Stedman v. City of BerlinWisconsin Supreme Court · 1897
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