Milwaukee Electric Railway & Light Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an order of the Railroad Commission requiring the plaintiff to continue the operation of one of its suburban lines because it is unreasonable in that it requires plaintiff to operate it at a .loss based upon the rates fixed by the Commission and received from the operation of such line.
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an order of the Railroad Commission requiring the plaintiff to continue the operation of one of its suburban lines because it is unreasonable in that it requires plaintiff to operate it at a .loss based upon the rates fixed by the Commission and received from the operation of such line. The Commission entered a general demurrer to the complaint, and from an order sustaining it the plaintiff appealed.
1Opinion of the CourtVinje, J.
The complaint shows that the plaintiff operates a system of urban and suburban railways in and about the city of Milwaukee and its suburbs, and it alleges that the order complained of is unreasonable because its suburban system for a long time past has been operated at a loss.
The question raised by the demurrer is, Does the complaint state a cause of action without alleging that its entire system will be operated at a loss ? The trial court answered it in the negative on „ the ground that the true test is not the effect of the order upon a single line or upon a part of a system but upon the…
2Cases cited7 opinions
- Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
- Puget Sound Traction, Light & Power Co. v. ReynoldsSupreme Court of the United States · 1917
- Groesbeck v. Duluth, South Shore & Atlantic Railway Co.Supreme Court of the United States · 1919
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3Cited by5 opinions
- City of Eau Claire v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1922
- Wisconsin Hydro Electric Co. v. Public Service CommissionWisconsin Supreme Court · 1940
- City of Milwaukee v. Railroad CommissionWisconsin Supreme Court · 1932
- State Ex Rel. Kitsap County Transportation Co. v. King CountyWashington Supreme Court · 1940
- City of Eau Claire v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1922