Legal Opinion

Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.

Wisconsin Supreme Court

Decided April 7, 1897PublishedCited by 24 opinions

Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiff is a corporation organized under the laws of this state, and owns and operates by steam power a line of railway, consisting of two main tracks, from Milwaukee to Chicago. Said railway passes through the village of South Milwaukee and the cities of Racine and Kenosha, and is engaged in the carriage of passengers and freight.

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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiff is a corporation organized under the laws of this state, and owns and operates by steam power a line of railway, consisting of two main tracks, from Milwaukee to Chicago. Said railway passes through the village of South Milwaukee and the cities of Racine and Kenosha, and is engaged in the carriage of passengers and freight. That within the village of South Milwaukee the plaintiff’s said railroad tracks cross Milwaukee avenue, one of the main public streets therein. Milwaukee avenue runs…

1Opinion of the CourtCassoday, C. J.

Milwaukee avenue, at South Milwaukee, runs east and west, and the plaintiff’s railroad tracks cross it nearly at right angles. Its depot grounds at that place extend, east from such tracks along the south side of the avenue, and abutting thereon, for a distance of 200 feet. On the north side of the avenue, and abutting thereon, and immediately east of said tracks, the plaintiff owns a strip of land or right of wray fifty feet in width. The answer expressly admits “ that the plaintiff is the owner of the lands ” so'described, “ within said public street, and to the center line thereof,” on…

2Cases cited17 opinions

  1. Sweet v. RechelSupreme Court of the United States · 1895
  2. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  3. Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
  4. Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
  5. Pettibone v. HamiltonWisconsin Supreme Court · 1876

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

3Cited by24 opinions

  1. City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
  2. Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
  3. Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
  4. Diebold v. Kentucky Traction Co.Court of Appeals of Kentucky · 1903
  5. Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900

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

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