Legal Opinion

Beloit, Delavan Lake & Janesville Railway Co. v. Macloon

Wisconsin Supreme Court

Decided September 29, 1908PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Rock county: Geoege GbiMii, Circuit Judge. This is a condemnation proceeding brought by a street and interurban electric railway company to condemn the interests of adjoining property owners in a street in the city of 'Janesville, and the company appeals from an order denying the application and dismissing the proceedings.

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Appeal from a judgment of the circuit court for Rock county: Geoege GbiMii, Circuit Judge. This is a condemnation proceeding brought by a street and interurban electric railway company to condemn the interests of adjoining property owners in a street in the city of 'Janesville, and the company appeals from an order denying the application and dismissing the proceedings. The condemnation petition was filed June 2, 1904 The respondents severally own certain lots on Wall and Franklin streets in tbe city of Janesville, upon which streets the petitioner seeks to condemn a right to operate its…

1Opinion of the Court

The following opinion was filed June 5, 1908:

WiNSLOW, C. J.

Limited powers of condemnation have been given to street and electric railway companies by our statutes (sec. 1863a, Stats.: Supp. 1906), but with the proviso that such powers shall not apply to any city or village street, alley, or viaduct unless the use thereof shall first be granted-to such company by a franchise duly passed by the governing body of the city or village. By sec. 940b, Stats. (1898), it is provided that no franchise shall be granted by *223tbe governing body of any city or village until tbe application tberefor…

2Cases cited6 opinions

  1. Stedman v. City of BerlinWisconsin Supreme Court · 1897
  2. Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
  3. Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
  4. Milwaukee Light, Heat & Traction Co. v. Milwaukee-Northern Railway Co.Wisconsin Supreme Court · 1907
  5. Abbott v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
  2. State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  3. Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
  4. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1921
  5. Milwaukee Light, Heat & Traction Co. v. Burlington Electric Light & Power Co.Wisconsin Supreme Court · 1910

2 more not listed; retrieve them via the Exa API.

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