City of Oshkosh v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
APPEAL'from the Circuit Court for Winnebago County. This is an action for a mandatory injunction to compel defendant to restore to its former condition of usefulness that portion of a public street upon which its track is laid. The defendant appeals from an order overruling a demurrer to the complaint.
1Opinion of the CourtCole, C. J.
This case, in principle, is ruled by the decision in Jamestown v. C., B. & N. R. Co. 69 Wis. 648. In that case this court sustained a bill brought by the town to compel the railroad company to restore a public highway which it had practically destroyed in constructing its road, to its former condition of usefulness for public travel. The jurisdiction of the court was rested upon the ground that a court of equity would compel a railroad corporation to perform the plain statutory duty of restoring the highway which it had invaded to its former state of usefulness, as a condition to using it for…
2Cases cited1 opinion
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
3Cited by14 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
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