Waukesha Hygeia Mineral Spring Co. v. President of Waukesha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waultesha, County. This is an appeal from an order refusing to grant a preliminary injunction as prayed by the plaintiff corporation, and granting an injunction prayed for by the defendants or some of them.
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APPEAL from the Circuit Court for Waultesha, County. This is an appeal from an order refusing to grant a preliminary injunction as prayed by the plaintiff corporation, and granting an injunction prayed for by the defendants or some of them. On July 14, 1891, the president and trustees of the village of Waultesha, at an adjourned meeting of the village board, passed an ordinance granting to the plaintiff corporation, its successors and assigns, “ the right and franchise of laying water pipes or mains from any spring or springs now owned or hereafter to be purchased or leased by said Waultesha…
1Opinion of the CourtLyon, C. J.
1. It is maintained by the learned counsel for plaintiff (the Hygeia Mineral Spring Company) that *480the village of Waukesha cannot maintain an action in the name of its president and trustees to enjoin that company from excavating trenches in the village streets, and laying its pipe therein, even though the company has no legal authority to do so. Without entering upon an extended discussion of this proposition, it is sufficient to say we are of the opinion that such right of action in the municipality is established by the judgment of this court in Jamestown v. C., B. & N. R. Co. 69 Wis. 648.…
2Cases cited2 opinions
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
- City of Milwaukee v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1859
3Cited by8 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Madison v. MayersWisconsin Supreme Court · 1897
- City of Eau Claire v. MatzkeWisconsin Supreme Court · 1893
- Town of Levis v. Black River Improvement Co.Wisconsin Supreme Court · 1900
- Town of Neshkoro v. NestWisconsin Supreme Court · 1893
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