City of Racine v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Racine county: Fbank M. Fish, Circuit Judge. This was an action for a mandatory injunction to compel the defendant to build a suitable viaduct or passageway under its track across Tenth street in said city, and to restore said street to its former condition, so as not to impair its usefulness.
Read the full summary
Appeal from an order of tlie circuit court for Racine county: Fbank M. Fish, Circuit Judge. This was an action for a mandatory injunction to compel the defendant to build a suitable viaduct or passageway under its track across Tenth street in said city, and to restore said street to its former condition, so as not to impair its usefulness. The defendant appealed from an order overruling its demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. ' The complaint alleged, in substance, that in 1849 section 16 in said city, being a part of…
1Opinion of the CourtPijotey, J.
The charter of the Green Bay, Milwaukee & Chicago Railroad Company (sec. 9, ch. 262, Laws of 1851).-provided that “the said company may construct the said railroad across any public or private road, highway, stream of water or watercourse, if the same be necessary, but the-said company shall restore such road, highway,” etc., “ to-its former state, or in a sufficient manner not to impair the-usefulness of said road, highway,” etc., “ to the owner or to the public.” The franchises conferred and the duties imposed upon that company have devolved upon the defendant, its successor in interest and…
2Cases cited4 opinions
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- Maire v. KruseWisconsin Supreme Court · 1893
- State v. Paine Lumber Co.Wisconsin Supreme Court · 1893
3Cited by4 opinions
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- City of Superior v. Northwestern Fuel Co.Wisconsin Supreme Court · 1917
- Metro. Sew. Dist. v. CHICAGO, M., ST. P. & P. RR.Wisconsin Supreme Court · 1975
- Metropolitan Sewerage District ex rel. Sewerage Commission v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1975