State ex rel. Wisconsin Metropolis Telephone Co. v. City of Milwaukee
Wisconsin Supreme Court
- Appeal from an order of the circuit court for Milwaukee county: WabReet D. Tabeaut, Circuit Judge. The relator caused to he served alternative writ of martr damus upon the appellants, who, besides the city, comprise the aldermen, mayor, and the members of the board of public works of said city.
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- Appeal from an order of the circuit court for Milwaukee county: WabReet D. Tabeaut, Circuit Judge. The relator caused to he served alternative writ of martr damus upon the appellants, who, besides the city, comprise the aldermen, mayor, and the members of the board of public works of said city. The petition upon which it is based alleges that the relator is a telephone company organized under the laws of this state; that on June 11, 1906, it presented a petition to the common council, which had annexed thereto a plan indicating the streets in Milwaukee upon which relator desired to run its…
1Opinion of the Court
Dodge, J".
The question here needing to be decided is a very narrow one. Counsel on both sides are agreed, as are the authorities in this state, that relator, being a telephone company, has by grant of the legislature a franchise to lay or erect its wires in the streets of the city of Milwaukee, but that such city has the power of reasonable police control and regulation over exercise of such franchise. The limits of this power have been suggested in several cases, notably in Marshfield v. Wis. Tel. Co. 102 Wis. 604, 78 N. W. 735; State ex rel. Wis. Tel. Co. v. Sheboygan, 111 Wis. 23, 86 N. W.…
2Cases cited15 opinions
- State Board of Equalization v. People ex rel. GogginIllinois Supreme Court · 1901
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Wisconsin Telephone Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Le Feber v. Village of West AllisWisconsin Supreme Court · 1903
- City of Marshfield v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- State ex rel. Davern v. RoseWisconsin Supreme Court · 1909
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
- State ex rel. Fire & Rust Proof Construction Co. v. IckeWisconsin Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.