Legal Opinion

State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided March 13, 1917PublishedCited by 8 opinions

Appeat, from an order of the circuit court for Milwaukee county: OscaR M. Eeitz, Circuit Judge. This is an appeal from an order sustaining the demurrer hy the respondent to the appellant’s amended return to a writ of mandamus requiring it to pave Center street from Teu-tonia avenue to Seventeenth street between the rails and for one foot outside of the rails with asphalt upon a concrete foundation.

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Appeat, from an order of the circuit court for Milwaukee county: OscaR M. Eeitz, Circuit Judge. This is an appeal from an order sustaining the demurrer hy the respondent to the appellant’s amended return to a writ of mandamus requiring it to pave Center street from Teu-tonia avenue to Seventeenth street between the rails and for one foot outside of the rails with asphalt upon a concrete foundation. The appellant’s amended return admitted the corporate capacity of the parties and the business of the appellant; that it operated on Center street under a franchise granted to one of its…

1Opinion of the CourtKerwin, J.

The petition of the respondent for a writ of mandamus is based mainly upon- the ground that the respondent is entitled to have the appellant pave the zone in question with asphalt upon a concrete foundation under the provisions of an ordinance duly passed on the 8th day of November, 1915, by the terms of which the appellant was “ordered and directed to do away with the bad condition of its railway zone on Center street from Teutonia avenue to Seventeenth street, by paving’ the same with standard asphalt upon a concrete foundation, all of the same kind, character,, and specifications as that…

2Cases cited7 opinions

  1. Milwaukee Electric Railway & Light Co. v. Railroad CommissionSupreme Court of the United States · 1915
  2. Milwaukee Electric Railway & Light Co. v. Railroad CommissionWisconsin Supreme Court · 1913
  3. City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
  4. Southern Wisconsin Railway Co. v. City of MadisonSupreme Court of the United States · 1916
  5. State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cedar Island Improvement Assn. v. Clinton Electric Light & Power Co.Supreme Court of Connecticut · 1955
  2. State ex rel. City of West Allis v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1917
  3. City of Highland Park v. Dallas Ry. Co.Court of Appeals of Texas · 1922
  4. Northern States Power Co. v. Public Service CommissionWisconsin Supreme Court · 1944
  5. City of Superior v. Duluth Street Railway Co.Wisconsin Supreme Court · 1918

3 more not listed; retrieve them via the Exa API.

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