State ex rel. City of Superior v. Duluth Street Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: James Wickham, Judge. Mandamus proceeding to compel defendant to “immediately operate a sufficient number of cars, with, reasonably efficient operators, and in such manner, over all its lines within the city of Superior as will give the public adequate streetcar service equal to that given immediately prior to September 12, 1912, and that it operate its cars with such employees and in such manner as to avoid…
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Appeal from a judgment of tbe superior court of Douglas county: James Wickham, Judge. Mandamus proceeding to compel defendant to “immediately operate a sufficient number of cars, with, reasonably efficient operators, and in such manner, over all its lines within the city of Superior as will give the public adequate streetcar service equal to that given immediately prior to September 12, 1912, and that it operate its cars with such employees and in such manner as to avoid inciting the public to acts of violence,” or show cause to the contrary. Such was the mandate in an alternative writ of…
1Opinion of the CourtMarshall, J.
The appeal raises the very grave question of whether, in case of a public utility corporation being rendered incapable of performing its public duty without submitting to such terms as its employees, acting in combination, may prescribe, thus causing injury to the public, it is competent for the court to interiere by its coercive authority and, directly or indirectly, compel submission on the part of the utility. That is the natural effect of such an order as was entered in this case. It left the appellant no recourse but to either surrender or appeal, since the trial court, as it had reason…
2Cases cited7 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Burnham v. NortonWisconsin Supreme Court · 1898
- Nebraska Telephone Co. v. State ex rel. YeiserNebraska Supreme Court · 1898
- Frank A. Graham Ice Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex inf. Barker v. Kansas City Gas Co.Supreme Court of Missouri · 1914
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Truck Owners & Shippers, Inc. v. Superior CourtCalifornia Supreme Court · 1924
- Ardonis Greer v. Wayne J. WiedenhoeftWisconsin Supreme Court · 2014
- Buntrock v. HoffmanWisconsin Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.