City of Oconto v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit* Court for Oeonto County. The complaint alleges that the defendant company constructed a section of its road across certain streets of the plaintiff city, and thereafter, though often requested so to do, neglected and refused to restore said streets to their former condition, so as not to impair their usefulness; and that the plaintiff, in 1872 and 1873, expended large sums of money to restore said streets to their former condition, and make them…
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APPEAL from the Circuit* Court for Oeonto County. The complaint alleges that the defendant company constructed a section of its road across certain streets of the plaintiff city, and thereafter, though often requested so to do, neglected and refused to restore said streets to their former condition, so as not to impair their usefulness; and that the plaintiff, in 1872 and 1873, expended large sums of money to restore said streets to their former condition, and make them suitable for public travel, amounting to §859.05. A bill of particulars was annexed. The answer was a general denial. The…
1Opinion of the CourtCole, J.
It was the plain duty of the defendant corporation to restore all highways and sidewalks intersected or crossed by its track, to their former state of usefulness. This obligation or duty was expressly imposed upon it by the very statute which granted it authority to cross any highway in the construction of its road. Tay. Stats., ch. 76. The grava*239men of tbe complaint is, that tbe defendant, in tbe fall of 1871, constructed its traclt across five or more steets of the city in such a manner as not only temporarily to injure the streets and impede tbe public travel thereon, but also to…
2Cited by4 opinions
- Town of Dakota v. Town of WinneconneWisconsin Supreme Court · 1882
- Town of Levis v. Black River Improvement Co.Wisconsin Supreme Court · 1900
- Metro. Sew. Dist. v. CHICAGO, M., ST. P. & P. RR.Wisconsin Supreme Court · 1975
- Metropolitan Sewerage District ex rel. Sewerage Commission v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1975