Appleton Water Works Co. v. Railroad Commission
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Dane county: ByRon B. Paek, Judge. This is an action brought under the, Public Utility Act to alter or amend an order of the Railroad Commission fixing the compensation to he paid by the city of Appleton for the taking of the plaintiff’s water works plant in that city.
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Appeals from a judgment of the circuit court for Dane county: ByRon B. Paek, Judge. This is an action brought under the, Public Utility Act to alter or amend an order of the Railroad Commission fixing the compensation to he paid by the city of Appleton for the taking of the plaintiff’s water works plant in that city. The works were constructed in 1882, pursuant to an ordinance passed by the city council in 1881 authorizing the-use of the streets and making a contract for water service for twenty years. The plaintiff acquired title to the works in 1892, and in 1907 filed a declaration under…
1Opinion of the CourtWiNsnow, C. J.
A preliminary objection is urged by the defendant which, if sustained, would require a reversal of the entire judgment below, without regard to the merits. This objection is in brief that the plaintiff and its receiver, by accepting the $255,000 award pending this action, have waived the right to challenge the lawfulness of the award or further prosecute the action.
The contention must be sustained if the matter is opened up for a new trial on the merits by this action and if the result may be a reduction of the award. Grand Rapids v. Bogoger, 141 Wis. 530, 124 N. W. 659. This simply involves…
2Cases cited22 opinions
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Johnson v. StateWisconsin Supreme Court · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- McCardle v. Indianapolis Water Co.Supreme Court of the United States · 1926
- W.H. Pugh Coal Co. v. StateCourt of Appeals of Wisconsin · 1990
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- Southern California Edison Co. v. Railroad CommissionCalifornia Supreme Court · 1936
- South Bay Irrigation District v. California-American Water Co.California Court of Appeal · 1976
47 more not listed; retrieve them via the Exa API.