Chicago & Northwestern Railway Co. v. Fox River Electric Railway & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. Tbe respondent’s street railway crosses appellant’s steam railway on Third avenue, in tbe city of Green Bay. ■ By an ordinance of tbe common council, on August 24,. 1894, one David McCartney was granted a franchise to build' a street railway in tbe city of Et. Howard, now part of tbe city of Green Bay.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. Tbe respondent’s street railway crosses appellant’s steam railway on Third avenue, in tbe city of Green Bay. ■ By an ordinance of tbe common council, on August 24,. 1894, one David McCartney was granted a franchise to build' a street railway in tbe city of Et. Howard, now part of tbe city of Green Bay. He constructed a street railway, which was operated on tbe streets specified in this ordinance. Appellant railway company is owner in fee of tbe land abutting on th'e street where tbe street…
1Opinion of the CourtSiebeckee, J.
The respondent, as purchaser oí the property, by contract with the McCartney Street Railway & Power Company of August 21, 1899, and a conveyance of it on Oc*187tober 20, 1899, did not expressly undertake to perforin the conditions of the agreement upon which the appellant bases its right to recover in this action. The agreement of sale and the conveyance were in terms of personal obligations, binding upon the parties only. They express nothing to indicate that the parties intended respondent should be required to pay the expense of a flagman provided for in the original agreement between…
2Cases cited7 opinions
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Hartung v. WitteWisconsin Supreme Court · 1884
- Wiggins Ferry Co. v. Ohio & Mississippi RailwayIllinois Supreme Court · 1879
- Wright v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1869
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