Legal Opinion

Chicago, Milwaukee & St. Paul Railway Co. v. State

Wisconsin Supreme Court

Decided November 22, 1881PublishedCited by 42 opinions

In the year 1871, the plaintiff company leased a short line of railway in this state of another company for .twenty years, and has ever since operated the same. In 1880 the plaintiff purchased three short lines of railway of other companies by which the same were built, and has ever since owned and operated such lines. The gross earnings of each of these lines of railroad for the year 1880 were less than $3,000 per mile, and of one of them less than $1,500 per mile.

Read the full summary

In the year 1871, the plaintiff company leased a short line of railway in this state of another company for .twenty years, and has ever since operated the same. In 1880 the plaintiff purchased three short lines of railway of other companies by which the same were built, and has ever since owned and operated such lines. The gross earnings of each of these lines of railroad for the year 1880 were less than $3,000 per mile, and of one of them less than $1,500 per mile. The gross earnings of all the lines of railroad of the plaintiff company in this state (including the above lines) exceeded…

1Opinion of the CourtLyon, J.

The constitution ordains that “ the legislature shall direct by law in what manner and in what courts suits may be brought against the state.” Art. IY, sec. 27. It is provided by statute (R. S., 826, sec. 3200), that “it shall be competent for any person deeming himself aggrieved by the refusal of the legislature to allow any just claim against the state, to commence an action against the state by filing a complaint, setting forth fully and particularly the nature of such claim, with the clerk of the supreme court, either in term time or vacation.” Were this action otherwise within the…

2Cases cited2 opinions

  1. Bull v. ConroeWisconsin Supreme Court · 1860
  2. Wright v. Town of MerrimackWisconsin Supreme Court · 1881

3Cited by42 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. State v. Mutual Life InsuranceIndiana Supreme Court · 1910
  3. Cords v. StateWisconsin Supreme Court · 1974
  4. Houston v. StateWisconsin Supreme Court · 1898
  5. Schlesinger v. StateWisconsin Supreme Court · 1928

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API