Southern Wisconsin Railway Co. v. City of Madison
Supreme Court of the United States
ERROR TO THE'SUPREME COURT OF THE STATE OF WISCONSIN. The facts, which involve the constitutionality of a street paving ordinance of the City of Madison, Wisconsin, under the contract clause of, and the due process provisions of the Fourteenth Amendment to, the Federal Constitution, are stated in the opinion.
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ERROR TO THE'SUPREME COURT OF THE STATE OF WISCONSIN. The facts, which involve the constitutionality of a street paving ordinance of the City of Madison, Wisconsin, under the contract clause of, and the due process provisions of the Fourteenth Amendment to, the Federal Constitution, are stated in the opinion. A municipal by-law or ordinance, enacted by virtue of power for that purpose delegated by the legislature of the State, is a state law within the meaning of the Federal Constitution. Atlantic Coast Line v. Goldsboro, 232 U. S. 549, 555; St. Paul Gas Co. v. St. Paul, 181 U. S. 142, 148;…
1Opinion of the CourtJustice Holmes
- This is a suit brought by the City..of Madison to recover the cost of asphalt pavement between the rails of the defendant’s track and one foot on the outside of them, for a certain .distance along University Avenue in that City. The declaration, after stating the ordinances under which the defendant and its predecessors had built and operated the street railway concerned, sets out an ordinance of June 11, 1910, requiring the defendant, under a penalty, to do the work above described. The defendant answered that-to make it pay the cost would, deprive it of its property and-contract rights…
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