City of Milwaukee v. Railroad Commission
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Upon the petition of the city of Milwaukee the Railroad Commission ordered the Chicago, Milwaukee & St. Paul Railway Company to depress its main track, switch tracks, .-and sidetracks at and between certain street crossings in said city, being a distance of nearly two miles, so that the grade of the tracks should he separated from the grade of the-streets, the tracks being carried in a…
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Upon the petition of the city of Milwaukee the Railroad Commission ordered the Chicago, Milwaukee & St. Paul Railway Company to depress its main track, switch tracks, .-and sidetracks at and between certain street crossings in said city, being a distance of nearly two miles, so that the grade of the tracks should he separated from the grade of the-streets, the tracks being carried in a subway and the streets being carried on bridges across said subway, and further ordered the city to pay twenty-five per…
1Opinion of the CourtWinslow, C. J.
The order of the Railroad Commission in question here was made pursuant to the provisions of sec.. 1797 — 12e, Stats. 1913, which authorizes that Commission, upon the petition of the governing body of any city, town, or village, to order alterations made in any railroad crossings-over a highway, or the substitution of a crossing not at grade,, where public safety requires such alteration or substitution, and to fix the proportions of the cost thereof to be paid by the railroad company or companies and the municipality or municipalities in interest. This is the same statute which was sustained…
2Cases cited4 opinions
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
- Town of Polk v. Railroad CommissionWisconsin Supreme Court · 1913
3Cited by10 opinions
- State v. ManningSupreme Court of Iowa · 1935
- City of San Jose v. Railroad CommissionCalifornia Supreme Court · 1917
- State ex rel. Boddenhagen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
- In re KaiserWisconsin Supreme Court · 1920
- State ex rel. Owen v. StevensonWisconsin Supreme Court · 1917
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