Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: G-eo. W. Bubnell, Circuit Judge. On the 28th day of June, 1898, articles of incorporation of the Oshkosh, Algoma <& Blade Wolf Railroad Company were filed in the office of the secretary of state, under sec. 1820, S. & B. Ann. Stats. The articles stated that the corporation was formed “for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons.”
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Appeal from a judgment of the circuit court for Winnebago county: G-eo. W. Bubnell, Circuit Judge. On the 28th day of June, 1898, articles of incorporation of the Oshkosh, Algoma <& Blade Wolf Railroad Company were filed in the office of the secretary of state, under sec. 1820, S. & B. Ann. Stats. The articles stated that the corporation was formed “for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons.” The railroad to be constructed by the corporation so attempted to be formed was stated in the articles to be about 1.1 miles in…
1Opinion of the CourtWinslow, J.
Several questions are presented by the record in this case, but we shall consider only one of them, for the reason that the view which we feel compelled to take of that question renders it unnecessary, and even improper, to ■discuss the others. The question so presented, and which will be considered, is whether, under sec. 1820, S. & B. Ann. Stats. (now sec. 1820, Stats. 1898), a railroad corporation for the conveyance of persons only can be legally formed. If this question must be answered in the negative, then there was no jurisdiction to entertain the attempted condemnation proceedings,…
2Cited by5 opinions
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