Wright v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. This is an action in equity brought by three property owners, owning lots abutting upon Twenty-Seventh street, otherwise called Washington avenue, in the city of Milwaukee, to obtain a permanent injunction against the Milwaukee JElectrie Railway & Light Oompcmy, enjoining it from laying street-railway tracks through said street in front of the-plaintiffs’ property.
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Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. This is an action in equity brought by three property owners, owning lots abutting upon Twenty-Seventh street, otherwise called Washington avenue, in the city of Milwaukee, to obtain a permanent injunction against the Milwaukee JElectrie Railway & Light Oompcmy, enjoining it from laying street-railway tracks through said street in front of the-plaintiffs’ property. A temporary injunctional order was made pendente lite, and the defendant appealed. The facts appearing upon the complaint and the affidavits filed…
1Opinion of the CourtWiNslow, J.
The question presented is whether the right and duty to operate a street railway oyer the two blocks in front of the plaintiffs’ lots had been extinguished at the time of the commencement of this action. The power to grant the right in question was conferred upon the city by the provisions of sec. 1862, E. S. 1878, as amended by ch. 219, Laws of 1881. At common law such a franchise or right was undoubtedly inalienable. State ex rel. Milwaukee St. R. Co. v. Anderson, 90 Wis. 550. A sale and transfer thereof may, however, be authorized by statute. Chapman Valve Mfg. Co. v. Oconto W. Co. 89 Wis.…
2Cases cited8 opinions
- State ex rel. Milwaukee Street Railway Co. v. AndersonWisconsin Supreme Court · 1895
- State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
- State ex rel. Attorney General v. Janesville Water Co.Wisconsin Supreme Court · 1896
- Attorney General v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1874
- Combes v. KeyesWisconsin Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- Milwaukee Electric Railway & Light Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- State ex rel. Attorney General v. Portage City Water Co.Wisconsin Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.