City of Superior v. Duluth Street Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Fbank A. Ross, Circuit Judge. Prior to 1891 there bad been granted by the plaintiff a franchise to the Douglas County Street Railway Company, defendant’s predecessor.
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Appeal from a judgment of the circuit court for Douglas county: Fbank A. Ross, Circuit Judge. Prior to 1891 there bad been granted by the plaintiff a franchise to the Douglas County Street Railway Company, defendant’s predecessor. (1) In sec. 17 of such ordinance appeared the following: “This ordinance shall have the effect of and be a contract between the city of Superior and the Douglas County Street Railway Company, and shall be the measure of the rights and liabilities of the said city as well as of said company.” And in sec. 18: “The provisions of this ordinance shall apply to the…
1Opinion of the CourtEsciiweilee, J.
The city, appellant here, claims that there are three separate grounds under any one of which it is entitled to recover against the defendant. First, under the provision of sec. 9 above quoted, requiring the defendant, at its own cost and expense, to keep the space between the rails in suitable order and repair, in conformity with and as a part of the public highway; second, under that portion of the above named sec. 5 of the franchise reading as follows:
“And in case the city shall pave or otherwise improve the surface of any street along which any of said company’s tracks may run, said…
2Cases cited15 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- City of Minneapolis v. Minneapolis Street Railway Co.Supreme Court of the United States · 1910
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3Cited by3 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- City of Oshkosh v. Eastern Wisconsin Electric Co.Wisconsin Supreme Court · 1920
- City of Duluth v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927