City of Superior v. Lake Superior Terminal & Transfer Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action brought by tbe city of Superior under sec. 1210Z, Stats., to recover of tbe defendant certain special assessments levied against a part of tbe defendant’s right of way for street paving and construction of sidewalks.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action brought by tbe city of Superior under sec. 1210Z, Stats., to recover of tbe defendant certain special assessments levied against a part of tbe defendant’s right of way for street paving and construction of sidewalks. Tbe defendant owns in fee a fif-ty-foot strip of land running due east and west through the south half of certain blocks in the city of Superior upon which it operates its engines and cars, and this is the strip against which the special assessments in question were…
1Opinion of the Court
WiNslow, 0. J.
On the general subject of special assessments against railroad property for local improvements, three propositions must now be considered as settled and not open for debate:
First, that the statute which makes railroad property subject to assessment for local improvements to the same extent as private property is a valid exercise of legislative power (Chicago, M. & St. P. R. Co. v. Janesville, 137 Wis. 7, 118 N. W. 182); second, that in considering the question of the benefits resulting from such improvements, railroad property is to be considered, not with reference to its…
2Cases cited5 opinions
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Chicago, Milwaukee & St. Paul Railway Co. v. City of JanesvilleWisconsin Supreme Court · 1908
- Northern Pacific Railway Co. v. Douglas CountyWisconsin Supreme Court · 1911
- Town of Iron River v. Bayfield CountyWisconsin Supreme Court · 1900
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
3Cited by8 opinions
- Rutledge v. City of EurekaCalifornia Supreme Court · 1925
- Duncan Development Corp. v. Crestview Sanitary DistrictWisconsin Supreme Court · 1964
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. City of MinotNorth Dakota Supreme Court · 1924
- Bagnall v. City of MilwaukeeWisconsin Supreme Court · 1914
- Soo Line Railroad v. City of NeenahWisconsin Supreme Court · 1974
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