State ex rel. Attorney General v. Frost
Wisconsin Supreme Court
On January 7, 1902,.application was made in tbis court for leave to commence an action on behalf of the state against Albert G. Frost, as receiver of the Washburn, Bay-field & Iron River Railway Company. An order to show cause was issued, returnable January 14, and the motion was then granted.
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On January 7, 1902,.application was made in tbis court for leave to commence an action on behalf of the state against Albert G. Frost, as receiver of the Washburn, Bay-field & Iron River Railway Company. An order to show cause was issued, returnable January 14, and the motion was then granted. They contended, inter alia, that a railroad is a highway, and, so far as constructed and put in operation, must be maintained and operated until the state consents otherwise; its charter is a contract in perpetuity with the state to that efiect. People v. Kerr, 27 N. T. 188, 205; Barton v. Barbour, 104…
1Opinion of the Court
TFe application was granted and tFe following opinion was filed January 25, 1902:
Wxhsx.ow, J.
Application Fas Feen made to tFis court by tFe attorney general for leave to bring an action in equity in tFis court on beFalf of tFe state for tFe purpose of perpetually enjoining Albert G. Frost, as receiver of tFe WasF-burn, Bayfield & Iron River Railway Company, from ceasing to operate said railroad, and from tearing up and destroying tFe roadbed thereof. At tFe time of making such application tFe attorney general presented to tFe court his proposed complaint or information, together with-a…
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