Legal Opinion

State ex rel. Chicago, Milwaukee & St. Paul Railway Co. v. McFetridge

Wisconsin Supreme Court

Decided December 12, 1882PublishedCited by 3 opinions

Mandatos. The case is thus stated by Mr. Justice Oassoday : “ This is a demurrer to the petition of the relator for a writ of mandamus to compel the state treasurer to issue to the relator a license to operate its railroad, and also separate licenses to operate each of the other railroads mentioned in the petition, respectively.

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Mandatos. The case is thus stated by Mr. Justice Oassoday : “ This is a demurrer to the petition of the relator for a writ of mandamus to compel the state treasurer to issue to the relator a license to operate its railroad, and also separate licenses to operate each of the other railroads mentioned in the petition, respectively. It appears, in effect, from the petition, that during the entire year 1881 the relator operated 1,099 68-100 miles of railroad in this state as follows, to wit: twenty miles under a lease from the Oshkosh & Mississippi Railroad Company, executed August 29, 1871;…

1Opinion of the CourtCassoday, J.

This is an amicable controversy to obtain a construction of the statutes respecting the licensing of railroads. It is urged by the attorney general, in behalf of the state treasurer, that the amount of license money to be paid by the relator for the year in question is to be determined by the aggregate number of miles of all of said several railroads operated by the relator within the state, and the aggregate-amount of the gross earnings of all of said roads, and that as such gross earnings when so taken were in excess of $3,000 per mile per annum of the number of miles so operated by *258tbe…

2Cited by3 opinions

  1. State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
  2. State ex rel. Abbot v. McFetridgeWisconsin Supreme Court · 1885
  3. State ex rel. Bell v. HarshawWisconsin Supreme Court · 1890

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