Chicago & Northwestern Railway Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Dane county: JonN J. Geegoey, Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint.
Read the full summary
Appeal from an order of tbe circuit court for Dane county: JonN J. Geegoey, Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint. Tbe action was brought in equity to vacate and enjoin tbe enforcement of an order of tbe Railroad Commission ordering separation of tbe grades of tbe streets and of tbe plaintiff’s tracks for a distance of more tban two miles, extending from Obicago avenue in tbe city of Milwaukee westward through portions of tbe towns of Lake and Greenfield, closing certain of such streets, providing for crossings not at grade at tbe other streets, and…
1Opinion of the Court
WiNsnow, O. J.
The order of the Railroad Commission which is attacked in this action was made upon the supposed authority of secs. 1797 — 12e and 1797 — 12/, Stats. 1915, which read as follows:
"Railroad highway crossings. Section 1797 — 12e. 1. Whenever a petition is lodged with the commission by *188the common council of any city, the village board of any village, the town hoard of any town, the county board of supervisors of any county, within or bordering upon which a highway or street crosses, or is crossed by a railroad, or within or bordering upon which a highway or street is proposed to he…
2Cases cited7 opinions
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Brook v. HortonCalifornia Supreme Court · 1886
- Nichols v. Inhabitants of RichmondMassachusetts Supreme Judicial Court · 1894
- Johnston v. LonstorfWisconsin Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stefan Auto Body v. State Highway CommissionWisconsin Supreme Court · 1963
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- City of Madison v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1922
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.