State ex rel. Cream City Railway Co. v. Hilbert
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The appellant sued out an alternative writ of mandamus from the superior court of Milwaukee county, directed to the respondent, commanding him to accept the sum of $870, and execute a receipt for a license for eighty-seven cars of the relator to be run by said railroad company for the current year upon its railroad in said city.
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APPEAL from the Superior Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The appellant sued out an alternative writ of mandamus from the superior court of Milwaukee county, directed to the respondent, commanding him to accept the sum of $870, and execute a receipt for a license for eighty-seven cars of the relator to be run by said railroad company for the current year upon its railroad in said city. On the return of said writ the respondent moved to quash it on the ground that the facts stated in the petition and…
1Opinion of the CourtTaylor, J.
The only question in this case is whether the railway company is entitled to a license to run its cars in' said city on its railway tracks, on paying the license fee of $10 per car as prescribed by sec. 7 of the ordinance of December 28, 1874, or whether it must pay the license fee prescribed by the ordinance of February 16, 1888. And this question depends upon the other question, whether the ordinance of December 28, 1874, fixing an annual license fee of $10, amounts to an irrevocable contract with the corporation that no other or greater license fee shall be demanded of said railway…
2Cases cited5 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- New Jersey v. YardSupreme Court of the United States · 1877
- Railway Co. v. PhiladelphiaSupreme Court of the United States · 1880
- West Wisconsin Railway Co. v. Board of Supervisors of Trempealeau CountyWisconsin Supreme Court · 1874
3Cited by12 opinions
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- City of Tampa v. Tampa Waterworks Co.Supreme Court of Florida · 1903
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- City of Milwaukee v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
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