City of Oshkosh v. Eastern Wisconsin Electric Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Plaintiff sues to recover the sum of $1,000 alleged to be due July 1, 1917, from the defendant as successor to the Eastern Wisconsin Railway & Light Company, pursuant to the terms of a certain ordinance granted to and the acceptance thereof by such predecessor in 1903. Defendant answered, and plaintiff’s demurrer to such answer was sustained by the trial court.
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Appeal from an order of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Plaintiff sues to recover the sum of $1,000 alleged to be due July 1, 1917, from the defendant as successor to the Eastern Wisconsin Railway & Light Company, pursuant to the terms of a certain ordinance granted to and the acceptance thereof by such predecessor in 1903. Defendant answered, and plaintiff’s demurrer to such answer was sustained by the trial court. The following are the facts: November 10, 1903, the common council of plaintiff granted to the Eastern Wisconsin Railway & Light Company a…
1Opinion of the CourtEschweiler, J.
The defendant insists, first, that the plaintiff then had no lawful authority to impose as a condition for the privilege granted by the franchise of Novem*88ber, 1903, the requirement of the promise by the street railway company to pay the $35,000 as in said ordinance contained and that the stipulation therefor was consequently null and void; and secondly, that by its surrender of the franchise here in question, together with all other franchises that it then held in March, 1917, and the procuring thereby by operation of law an indeterminate permit, by virtue of sec. 1797i — 3, Stats., such…
2Cases cited7 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- State ex rel. City of West Allis v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1917
- City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Wisconsin Traction, Light, Heat & Power Co. v. City of MenashaWisconsin Supreme Court · 1914
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3Cited by4 opinions
- City of Milwaukee v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
- Crawford v. Duluth St. Ry. Co.Court of Appeals for the Seventh Circuit · 1932
- Milwaukee Electric Railway & Light Co. v. City of MilwaukeeWisconsin Supreme Court · 1921
- Chicago & Milwaukee Electric Railway Co. v. Public Service CommissionWisconsin Supreme Court · 1949