Oshkosh Water Works Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action under sec. 1797m — 83, Stats. 1913, to set aside an order of the Railroad Commission fixing the amount of compensation to he paid by the city of Oshkosh to the plaintiff for its property and the terms of payment. The plaintiff was granted a franchise June 18, 18S3, to erect and maintain a system of waterworks in the city of Oshkosh.
Read the full summary
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action under sec. 1797m — 83, Stats. 1913, to set aside an order of the Railroad Commission fixing the amount of compensation to he paid by the city of Oshkosh to the plaintiff for its property and the terms of payment. The plaintiff was granted a franchise June 18, 18S3, to erect and maintain a system of waterworks in the city of Oshkosh. It operated under such franchise till January 18, 1910, when it voluntarily surrendered it for an indeterminate permit under the Public Utility Law (ch. 499, Laws…
1Opinion of the CourtVinje, J.
The validity of the judgment is challenged (1) because it failed to adjudge that the sum of $525,000 is-less than just compensation for the taking of the property 'appraised; (2) because the trial court should have passed upon the question of value as. an original question of fact,, giving the decision of the Commission the effect of only casting upon plaintiff the burden of proof, if not already there; (3) because, construing the statute as the court did to authorize the appraisal of the whole property, the order should' have been adjudged void for want of jurisdiction in the Commission; (4)…
2Cases cited11 opinions
- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of the United States · 1912
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
- Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McCardle v. Indianapolis Water Co.Supreme Court of the United States · 1926
- Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
- Milwaukee & Suburban Transport Corp. v. Milwaukee CountyWisconsin Supreme Court · 1978
- Miller v. Huntington & Ohio Bridge Co.West Virginia Supreme Court · 1941
- In re the Valuation Proceedings under Sections 303(c) & 306Special Court under the Regional Rail Reorganization Act · 1977
13 more not listed; retrieve them via the Exa API.