Campbell v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. The appeal is from a judgment dismissing plaintiff’s complaint. The plaintiff seeks to recover damages as a result of having been forcibly prevented from entering one of defendant’s cars by the conductor in charge.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. The appeal is from a judgment dismissing plaintiff’s complaint. The plaintiff seeks to recover damages as a result of having been forcibly prevented from entering one of defendant’s cars by the conductor in charge. On May 18, 1916, the plaintiff attempted to become a passenger, being ready to pay his fare, on one of the cars used by defendant in interurban traffic between Kenosha and Racine to and into the city of Milwaukee. It had been running such cars for more than twenty years between such…
1Opinion of the Court
The following opinion was filed March 4, 1919:
Eschweiler, J.
The substance of plaintiff’s contention in this case is based upon the proposition asserted by him that, there being no franchise granted by the city of Milwaukee to defendant to run its interurban cars upon the street in question, such cars, when so running on the' street, must be considered, so far as prospective passengers are concerned, as urban cars, and required, therefore, to carry persons who desire to be transported from one point in the city of Milwaukee to another reached by such car in the same manner as such urban cars,…
2Cases cited10 opinions
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- State ex rel. City of Superior v. Duluth Street Railway Co.Wisconsin Supreme Court · 1913
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Plott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by4 opinions
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Commonwealth Telephone Co. v. CarleyWisconsin Supreme Court · 1927
- Ispass v. Pyramid Motor Freight Corp.District Court, S.D. New York · 1945
- Madregano v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1923