La Crosse City Railway Co. v. Higbee
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Crosse-county: R. Gr. SiebegkeR, Judge. Action to enjoin the defendant from cutting down an electric street railroad pole, which was erected in the usual Avay at the outer edge of the sidewalk on his property, on one-of the streets of the city of La Crosse, Wisconsin.
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Appeal from an order of the circuit court for La Crosse-county: R. Gr. SiebegkeR, Judge. Action to enjoin the defendant from cutting down an electric street railroad pole, which was erected in the usual Avay at the outer edge of the sidewalk on his property, on one-of the streets of the city of La Crosse, Wisconsin. Sufficient, facts are properly stated in the complaint to constitute a good cause of action against the defendant, if electric street, railroad poles may be legally placed in a city street, when so located as not to materially interfere with public travel, or access to and egress…
1Opinion of the CourtMaeshall, J.
The decision appealed from, as we are informed, was made on the theory that the case is controlled by the conclusion reached in Krueger v. Wis. Tel. Co. 106 Wis. 96, regarding the right to maintain telephone poles in public highways without the consent of abutting property owners, and the reasoning that led to such conclusion. Counsel for respondent urge the same view in this court, so we are confronted at the outset with the question of whether the point now presented has been in effect decided and the law in regard to it established for this state against appellant’s contention to the…
2Cases cited21 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
- Chicago, Burlington & Quincy Railroad v. West Chicago Street RailroadIllinois Supreme Court · 1895
- Hobart v. Milwaukee City RailroadWisconsin Supreme Court · 1870
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Randall v. City of MilwaukeeWisconsin Supreme Court · 1933
- B'ham Ry. L. & P. Co. v. SmyerSupreme Court of Alabama · 1913
- Davis v. City of AppletonWisconsin Supreme Court · 1901
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Abbott v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.