City of Milwaukee v. Milwaukee Electric Railway & Light Co.

The following opinion was filed June 12, 1931:

Fritz, J.

There is no controversy between the city and the defendant, the present owner of the property and franchises of the Milwaukee Northern Railway Company, as to the right of the defendant to operate a street railway for the carrying of passengers, including “interurban cars,” on the streets in question. The case presents the narrower question of whether that franchise includes the right to carry merchandise, freight, or package goods, and particularly the right to do so in cars used exclusively for such carriage.

In 1905 the Milwaukee…