Legal Opinion

State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided January 10, 1911PublishedCited by 33 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TuhNee, Circuit Judge. On July 14, 1902, tbe common council of the city of Milwaukee passed an ordinance requiring all street railway companies operating lines in the city to sprinkle with water tbe entire roadbed of tbe railways operated, between single tracks and double tracks and one foot outside of all tracks, as well as tbe space between double tracks, such work to be done under tbe general…

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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TuhNee, Circuit Judge. On July 14, 1902, tbe common council of the city of Milwaukee passed an ordinance requiring all street railway companies operating lines in the city to sprinkle with water tbe entire roadbed of tbe railways operated, between single tracks and double tracks and one foot outside of all tracks, as well as tbe space between double tracks, such work to be done under tbe general supervision of tbe board of public works and under rules and regulations adopted from time to time by said board and approved by…

1Opinion of the Court

~R ARN-rcs, J.

Nine distinct reasons are advanced by the appellant in support of its contention that the judgment appealed from should be reversed. These are: (1) Mandamus is not the proper remedy. (2) The city of Mihvaulcee is not the proper relator. (3) The rules adopted by the board of public works were not included in the 1906 revision of the *390charter of the city of Milwaukee and were therefore repealed thereby. (4) Oh. 501, Laws of 1909, repealed the street-sprinkling ordinance. (5) The street-sprinkling ordinance became inoperative because of a resolution adopted by the city council…

2Cases cited47 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State v. RedmonWisconsin Supreme Court · 1907
  3. Bonnett v. VallierWisconsin Supreme Court · 1908
  4. State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
  5. Steckert v. City of East SaginawMichigan Supreme Court · 1870

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3Cited by33 opinions

  1. Christensen v. Hennepin Transportation Co. Inc.Supreme Court of Minnesota · 1943
  2. Thorgaard Plumbing & Heating Co., Inc. v. County of KingWashington Supreme Court · 1967
  3. Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914
  4. Payne v. City of RacineWisconsin Supreme Court · 1935
  5. Petition of BreidenbachWisconsin Supreme Court · 1934

28 more not listed; retrieve them via the Exa API.

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