State ex rel. Boddenhagen v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Action of mandamus to compel appellant, Chicago, Milwaukee & St. Paul Railway Company, to rebuild so muck of a bridge or viaduct built under cb. 51, Laws 1878, as carried tbe Blue Mound road in Milwaukee county over appellant’s railroad. The action was originally brought against the railway company and afterwards the county of Milwaukee was made a party defendant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Action of mandamus to compel appellant, Chicago, Milwaukee & St. Paul Railway Company, to rebuild so muck of a bridge or viaduct built under cb. 51, Laws 1878, as carried tbe Blue Mound road in Milwaukee county over appellant’s railroad. The action was originally brought against the railway company and afterwards the county of Milwaukee was made a party defendant. Findings and conclusions in favor of petitioner were made in the circuit court to the effect that the said petitioner was entitled…
1Opinion of the CourtKeewiN, J.
1. Ch. 51, Laws 1878, required the appellant to '“erect and maintain” the viaduct or bridge in question at the crossing of the Milwaukee and Blue Mound road, commonly called Spring street road, over its tracks, said road at said point being a county road. The respondent Milwaukee County was required by the terms of said ch. 51, Laws 1878, to cause to be constructed and erected during the year 1878 a suitable and convenient approach to the viaduct as *306specified in the act, connecting said viaduct approach with the said bridge and cause tbe highway to be opened and inn-proved and levy a tax…
2Cases cited6 opinions
- Benson v. MayorNew York Supreme Court · 1850
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Kendrick & Roberts, Inc. v. Warren Bros.Court of Appeals of Maryland · 1909
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Louisville & N. R. v. United States Iron Co.Tennessee Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pabst Corp. v. City of MilwaukeeWisconsin Supreme Court · 1926
- El Paso County Water Improvement District No. 1 v. City of El PasoDistrict Court, W.D. Texas · 1955
- Chicago & North Western Railway Co. v. Public Service CommissionWisconsin Supreme Court · 1969
- Wroblewski v. Grand Trunk Western Railway Co.Indiana Court of Appeals · 1971
- State Ex Rel. King County v. MurrowWashington Supreme Court · 1939
4 more not listed; retrieve them via the Exa API.