Chicago, Milwaukee & St. Paul Railway Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The appeal is from an order sustaining a general demurrer to a complaint. The complaint alleged in substance that in response to a petition filed with the railroad commission by the city of Milwaukee in February, 1910, said commission on the 20th day of May, 1912 (pursuant to the provisions of sec. 1797 — 12
1Opinion of the CourtWinslow, C. J.
Two contentions are made by the respondent in support of the order of the trial court, namely: (1) the order of the commission was merely an order changing the gracle of the street, and, there being no allegation that the street had previously been brought to any established grade, there is no liability; (2) if the order be construed not as an order changing the grade, but as an *79order condemning land for railway purposes, then there is no liability because the railroad company cannot collect damages of the city resulting from condemning its own property. The trial judge in sustaining the…
2Cases cited4 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- Eisler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
- Walish v. City of MilwaukeeWisconsin Supreme Court · 1897
- Henry v. City of La CrosseWisconsin Supreme Court · 1917
3Cited by1 opinion
- Ullrich v. Kenosha CountyWisconsin Supreme Court · 1935