State ex rel. Northern Pacific Railway Co. v. Railroad Commission of Wisconsin
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Tbis is a certiorari proceeding brought by tbe relator, Northern Pacific Railway Company, to set aside and declare invalid an order made by tbe Railroad Commission of Wisconsin.
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Appeal from a judgment of tbe circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Tbis is a certiorari proceeding brought by tbe relator, Northern Pacific Railway Company, to set aside and declare invalid an order made by tbe Railroad Commission of Wisconsin. Tbe matter was beard in tbe circuit court for Dane county upon a petition, writ of certiorari, and return thereto, and judgment was entered by tbe court below affirming tbe order of tbe Railroad Commission, from which judgment tbis appeal was taken. It appears from tbe record before us that more than twenty years ago tbe…
1Opinion of the Court
The following opinion was filed June 3, 1909:
KeewiN, J.
1. It is contended on the part of each relator, but especially by the Great Northern Railway Company and the Lake Superior Terminal Transfer Railway Company, that the proceedings to obtain a certificate of convenience and necessity were premature, because the point of crossing should have been first • determined and the right to cross obtained before such certificate was granted. This contention involves the construction of the acts of the legislature set out in the statement of facts. •
Subd. 6, see. 1828, Stats. (1898), provides that if…
2Cases cited47 opinions
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Sweet v. RechelSupreme Court of the United States · 1895
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
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3Cited by18 opinions
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Superior Water, Light & Power Co. v. City of SuperiorSupreme Court of the United States · 1923
- Wisconsin Telephone Co. v. Public Service CommissionWisconsin Supreme Court · 1932
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