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
1ConcurrenceOwen, J.
Conceding, as is assumed in the opinion of the court, the validity of the order of the railroad commission making it the duty of the city of Milwaukee to bring about a change in the grade of the street to enable the separation of thé crossing, I cannot agree that the taking was for railroad purposes. It is my conception that there can be no taking for railroad purposes except for the actual construction, operation, and maintenance of a railroad or to enable the railroad company to discharge some legal duty imposed upon it. At least no decided case in this state indicates that there can be a…
2Cases cited17 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
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