City of Janesville v. Milwaukee & Mississippi Railroad
Wisconsin Supreme Court
APPEAL PROM ROCK CIRCUIT COURT. This was an action brought by the respondent against the appellant for obstructing certain streets in said city. The complaint set out six separate causes of action, which was demurred to by the defendant, the demurrer overruled, and the defendant appealed.
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APPEAL PROM ROCK CIRCUIT COURT. This was an action brought by the respondent against the appellant for obstructing certain streets in said city. The complaint set out six separate causes of action, which was demurred to by the defendant, the demurrer overruled, and the defendant appealed. The complaint was substantially as follows: The complaint of the city of Janesville, the above named plaintiff respectfully shows to this court, that the plaintiff is a municipality, established and organized by, and acting under the authority of a charter from the legislature of the State of Wisconsin; and…
1Opinion of the Court
By the Court,
Corns, J.
The counsel for the appellant demurred to the complaint filed on the part of the city in the court below, for the reason that the same did not state facts sufficient to constitute a cause of action. The demurrer was overruled by the circuit court, and, as we think, very properly, being clearly of the opinion that the complaint does set forth a good cause of action.
Without attempting to notice in detail the various objections taken to the complaint, as contained in the brief of the counsel for the appellant, we will remark that the acts of the legislature creating and…
2Cited by5 opinions
- Yellow River Improvement Co. v. ArnoldWisconsin Supreme Court · 1879
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Evans v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Depow v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Rains v. City of OshkoshWisconsin Supreme Court · 1861