In re Kaiser
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge.' Condemnation proceedings by the owner of certain lots abutting on Oklahoma avenue in the city of Milwaukee for the recovery of damages occasioned by the cutting down of the street in front of said .lots to bring it to the level of a subway under the tracks of the Chicago & Northwestern Railway Company. From an order appointing commissioners the railway company appealed.
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge.' Condemnation proceedings by the owner of certain lots abutting on Oklahoma avenue in the city of Milwaukee for the recovery of damages occasioned by the cutting down of the street in front of said .lots to bring it to the level of a subway under the tracks of the Chicago & Northwestern Railway Company. From an order appointing commissioners the railway company appealed. The facts disclosed by the petition and the answer of the railway company are as-follows: The center of Oklahoma avenue, a…
1Opinion of the Court
The following opinion was filed November 4, 1919:
Owen, J.
The petitioner brings these proceedings on the theory that the soil removed from Oklahoma avenue, in making the approach to the grade of the subway under the railway tracks, was taken for- railroad purposes. The railway company contends that the soil was taken for municipal purposes and that it is under no obligation to páy for the removal of the soil outside its right of way. The question to be determined, therefore, is whether the removal of the soil was " for a railroad or municipal purpose. The charter of the city of Milwaukee (Laws…
2Cases cited6 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- City of Milwaukee v. Railroad CommissionWisconsin Supreme Court · 1916
- Town of Polk v. Railroad CommissionWisconsin Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barrington v. CokinosTexas Supreme Court · 1960
- City of Beaumont v. PriddieCourt of Appeals of Texas · 1933
- City of Milwaukee v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1930
- Crist v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1925
- Town of Janesville v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1951
3 more not listed; retrieve them via the Exa API.