City of Milwaukee v. Chicago & Northwestern Railway Co.

It was conceded upon the oral argument and in the briefs that the ordinance which required the city to maintain the structures and improvements described in the complaint, referred to- as Exhibit A, was invalid, the case in that respect being ruled by Superior v. *514Roemer, 154 Wis. 345, 141 N. W. 250, and Application of Kaiser, 171 Wis. 40, 174 N. W. 814, 176 N. W. 781. The principal contention o.f the defendant is that (1st) this is not a proper case for the exercise of jurisdiction under the Declaratory Judgments Act for the reason that no effective relief can be granted; (2d) that under the…