City of Ashland v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland county: A. J. Vinje, Judge. This is an action in equity to compel the removal of certain obstructions which it is alleged the Wisconsin Central Railway Company, of which respondents are the receivers, placed in Second Avenue West — a public street in the city of Ashland — and praying that the defendants be enjoined from continuing such obstructions.
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Appeal from an order of the circuit court for Ashland county: A. J. Vinje, Judge. This is an action in equity to compel the removal of certain obstructions which it is alleged the Wisconsin Central Railway Company, of which respondents are the receivers, placed in Second Avenue West — a public street in the city of Ashland — and praying that the defendants be enjoined from continuing such obstructions. As stated in the companion case of Ashland v. Whitcomb, 120 Wis. 549, 98 R. W. 531, this case was appealed to this court, and a decree rendered therein, in an appeal from orders like the one in…
1Opinion of the Court
The following opinion was filed February 23, 1904:
Siebeckek, J.
There is no dispute but that the cross-bill filed in the companion case of Ashland v. Whitcomb, 120 Wis. 549, embraced the cause of action sought to be litigated in this ease. The matters set out in the cross-bill eoncededly pertain to the rights of the respondents to the possession of and title to the land which appellant claims to be parts of the public streets, and that respondents are charged with having-erected and continuing to maintain structures thereon which are alleged to be encroachments in the streets. Respondents…
2Cases cited1 opinion
- City of Ashland v. WhitcombWisconsin Supreme Court · 1904
3Cited by1 opinion
- In re PhelanWisconsin Supreme Court · 1937