Legal Opinion

City of Manitowoc v. Manitowoc & Northern Traction Co.

Wisconsin Supreme Court

Decided January 31, 1911PublishedCited by 63 opinions

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action was brought to perpetually enjoin and restrain tbe defendant from increasing its rates for carrying passengers on its interurban road between tbe cities of Manitowoc and Two Rivers.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action was brought to perpetually enjoin and restrain tbe defendant from increasing its rates for carrying passengers on its interurban road between tbe cities of Manitowoc and Two Rivers. On October 15, 1900, tbe city of Manitowoc passed an. ordinance granting to Thomas Higgins the right to operate a street railroad upon certain streets in the city of Manitowoc upon certain prescribed conditions. By the same •ordinance permission was granted to said Higgins to run interurban cars upon…

1Opinion of the CourtBaenes, J.

The trial court found as a conclusion of law that the plaintiff was entitled to the permanent injunction prayed for. As a condition of granting such relief it required the plaintiff to file within fifteen days an undertaking in the sum of $5,000 with sufficient surety, conditioned that, if on appeal to this court judgment should be awarded to the defendant, the plaintiff would pay such damages as the defendant sustained by reason of the injunction. The plaintiff refused to file the undertaking, and on proof of such fact judgment was entered dismissing the complaint.

The court was in error in…

2Cases cited46 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
  3. Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
  4. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  5. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908

41 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  2. State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
  3. State ex rel. Triay v. BurrSupreme Court of Florida · 1920
  4. Woodburn v. Public Service CommissionOregon Supreme Court · 1916
  5. City of Benwood v. Public Service CommissionWest Virginia Supreme Court · 1914

58 more not listed; retrieve them via the Exa API.

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