City of Milwaukee v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action by the city of Milzvaukee in its governmental capacity and also in its proprietary capacity as owner of a large number of lots abutting upon streets over which the defendant operates its street railway system to enjoin the defendant, which has no interurban franchise in the city of Milwaukee, from carrying upon its street railway system in the city of Milwaukee passengers…
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action by the city of Milzvaukee in its governmental capacity and also in its proprietary capacity as owner of a large number of lots abutting upon streets over which the defendant operates its street railway system to enjoin the defendant, which has no interurban franchise in the city of Milwaukee, from carrying upon its street railway system in the city of Milwaukee passengers brought from or carried to points outside of the corporate limits of the city: The trial court defined an interurban…
1Opinion of the Court
The following opinion was filed December 14, 1920:
Vinje, J.
Defendant’s contention that the court has no jurisdiction of the action because it necessarily prevents the enforcement of an order of the railroad commission is not tenable. It is the function of the railroad commission to establish reasonable street-car rates. It is not concerned with the question of whether or not the street car company has the requisite franchise to operate its cars. That is purely a judicial question. The granting of the franchise is a legislative act, which neither the railroad commission nor the courts can…
Also in this document: Per curiam.
2Cases cited13 opinions
- Hobart v. Milwaukee City RailroadWisconsin Supreme Court · 1870
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
- Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Sathre v. Board of University & School LandsNorth Dakota Supreme Court · 1935
- Crawford v. Alabama Power Co.Supreme Court of Alabama · 1930
- Chicago & Milwaukee Electric Railway Co. v. Public Service CommissionWisconsin Supreme Court · 1949
- State Ex Rel. Sachtjen v. FestgeWisconsin Supreme Court · 1964
- State Ex Rel. Sachtjen v. FestgeWisconsin Supreme Court · 1964
2 more not listed; retrieve them via the Exa API.