State ex rel. C. Reiss Coal Co. v. Born
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sheboygan county: N. S. GilsoN, Circuit Judge. The relator’s petition for a mandamus alleged, in effect, the following facts: In May, 1895, and prior thereto, there was in the Sheboy-gan river, within the city limits, a bank or bar which prevented the navigation of the river by vessels and boats, carrying merchandise to the dock along the river, and the same had to be removed at once, to prevent vessels from running aground…
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Appeal from an order of the circuit court for Sheboygan county: N. S. GilsoN, Circuit Judge. The relator’s petition for a mandamus alleged, in effect, the following facts: In May, 1895, and prior thereto, there was in the Sheboy-gan river, within the city limits, a bank or bar which prevented the navigation of the river by vessels and boats, carrying merchandise to the dock along the river, and the same had to be removed at once, to prevent vessels from running aground thereon. The committee of the common council on harbors and bridges requested and directed the relator to dredge out the…
1Opinion of the Court
Cassoday, 0. J.
It is contended that the common council had no jurisdiction to allow the claim. This is put on the ground that the board of public works is by the charter (ch. 124, Laws of 1887) required to take charge and special superintendence of all work for the deepening, widening, or •dredging of the rivers within the city, and shall have power to ■make contracts therefor as therein prescribed, and shall per-form all the duties therein required, “ and such other duties •as the common council may from time to time require ” (sec. *5465, tit. Y); and that all work, except as otherwise provided…
2Cases cited3 opinions
- State ex rel. Van Vliet v. WilsonWisconsin Supreme Court · 1864
- Joint Free High School District v. Town of Green GroveWisconsin Supreme Court · 1890
- Waupaca County v. Town of MattesonWisconsin Supreme Court · 1891
3Cited by2 opinions
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899
- State ex rel. Rudolph v. HutchinsonWisconsin Supreme Court · 1908