Monroe Water Works Co. v. City of Monroe
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green •county: B. E. Dunwiddie, Circuit Judge. In the year 1889 the common council of the city of Monroe granted a franchise to construct and operate a system of waterworks in said city to one W. IT. Wheeler, granting an exclusive right for a period of twenty years.
Read the full summary
Appeal from a judgment of the circuit court for Green •county: B. E. Dunwiddie, Circuit Judge. In the year 1889 the common council of the city of Monroe granted a franchise to construct and operate a system of waterworks in said city to one W. IT. Wheeler, granting an exclusive right for a period of twenty years. The ordinance granting the franchise prescribed at length and with particularity the kind of plant that should be erected, the kind, size, and number of miles of pipe that should be used, the manner in which it should be laid, the number of hydrants for fire protection, and how they…
1Opinion of the CourtBaedeun, J.
As regards the plaintiff’s right of recovery, the record furnishes no information as to the grounds upon which it was denied. The argument by the defendant in this court is that the ordinance is void (1) because it purports to create an exclusive franchise for twenty years; (2) because it is in effect an agreement to exempt plaintiff’s property from taxation; (3) because that part of it sued on is so indefinite and uncertain as to furnish no basis for a recovery.
1. The ordinance in question gives the plaintiff an exclu*17sive right to erect, maintain, and operate a system of waterworks in the…
2Cases cited22 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Chicago, Burlington, & Kansas City Railroad v. GuffeySupreme Court of the United States · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Swedish American National Bank of Minneapolis v. KoebernickWisconsin Supreme Court · 1908
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Brunton v. NUVELL CREDIT CORP.Wisconsin Supreme Court · 2010
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
28 more not listed; retrieve them via the Exa API.