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
1ConcurrenceKerwin, J.
The order appealed from should be affirmed, but I cannot concur in the majority opinion.
The complaint alleges that on the 21st day of February, 1910, the city of Milwaukee filed its petition with the railroad commission of Wisconsin in accordance with ch. 540, Laws 1909, in which petition it prayed that an order be entered by the commission requiring the separation of the grade of the railway tracks from the grade of the public thoroughfares on several streets, among others West Water streetthat on the 20th day of May, 1912, the railroad com*83mission made an order for the separation of the…
2Cases cited12 opinions
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
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