City of Ashland v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: James O’Neill, Judge. This is a companion suit to that presented in Ashland v. Chicago & Northwestern 11. Co. 105 Wis. 398, 80 N. W. 1101. To the statement of facts there made we now refer. A clear understanding of the situation, however, requires a little more amplification of the facts.
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Appeal from a judgment of the circuit court for Ashland county: James O’Neill, Judge. This is a companion suit to that presented in Ashland v. Chicago & Northwestern 11. Co. 105 Wis. 398, 80 N. W. 1101. To the statement of facts there made we now refer. A clear understanding of the situation, however, requires a little more amplification of the facts. The three railroad companies, or their predecessors, the Chicago & Northwestern, Northern Pacific, and Wisconsin , Central, some time prior to 1887 owned a large tract of land in Ashland between Third street on the north and Sixth street on the…
1Opinion of the CourtDodge, J.
This case, having been presented in two arguments, has been carefully examined and re-examined, to ascertain whether it is distinguishable from Ashland v. C. & N. W. R. Co. 105 Wis. 398, 80 N. W. 1101, so as to take it out of tbe rule established in tbat case. We find nothing of material distinction. Tbe two actions, as also another against tbe Wisconsin Central Eailway, were commenced at tbe same time, and issue joined by practically identical pleadings. Tbe alleged contract between tbe railroads and tbe city and tbe action of tbe council and the citizens with reference to tbe streets relied…
2Cases cited6 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Catlett v. People ex rel. State's AttorneyIllinois Supreme Court · 1894
- City of DeKalb v. LuneyIllinois Supreme Court · 1901
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3Cited by2 opinions
- City of Superior v. Northwestern Fuel Co.Wisconsin Supreme Court · 1917
- Antigo Water Co. v. City of AntigoWisconsin Supreme Court · 1910