Eastern Wisconsin Railway & Light Co. v. Winnebago Traction Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago ■county: Geo. W. Buenell, Circuit Judge. The plaintiff is a railroad corporation operating an electric interurban railway between the cities of Oshkosh and Fond du Lae, and the defendant is a street railway corporation operating an electric street railway system in the city of Oshkosh.
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Appeal from an order of the circuit court for Winnebago ■county: Geo. W. Buenell, Circuit Judge. The plaintiff is a railroad corporation operating an electric interurban railway between the cities of Oshkosh and Fond du Lae, and the defendant is a street railway corporation operating an electric street railway system in the city of Oshkosh. At and prior to the time of the commencement of this action the defendant operated a single-track street railway, with turnouts and switches, upon various streets in the city of ‘Oshkosh, and had a single track upon Main street in Said city running south…
1Opinion of the Court
WiNsnow, T.
There was much discussion in tbe briefs of counsel upon tbe question whether tbe defendant bad forfeited its right to construct double tracks in tbe streets of the city .of Oshkosh; but, as we view it, that question is not tbe question upon which tbe case turns. Tbe defendant acquired, by tbe ordinances under which it operates, tbe right to build and maintain “a single or double track railway, with all necessary switches and turnouts,” upon certain streets of tbe city, provided that tbe entire line should be completed and in operation on or before a certain date. Tbe question…
2Cases cited3 opinions
- City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
- Ransom v. Citizens' Railway Co.Supreme Court of Missouri · 1891
- Workman v. Southern Pacific R.R. Co.California Supreme Court · 1900
3Cited by3 opinions
- Eastern Wisconsin Railway & Light Co. v. HackettWisconsin Supreme Court · 1908
- Eastern Wisconsin Railway & Light Co. v. HackettWisconsin Supreme Court · 1908
- Eastern Wisconsin Railway & Light Co. v. HackettWisconsin Supreme Court · 1908