Eastern Wisconsin Railway & Light Co. v. Hackett
Wisconsin Supreme Court
'Appeal from, a judgment of the circuit court for Winnebago county: Chas. M. Webb, Judge. A suit by the Eastern Wisconsin Railway & Light Company against the city of Oshkosh and the Winnebago Traction Company to enjoin the latter from laying a second track on Main street in the city of Oshkosh and from interfering-with the Eastern Wisconsin Railway & Light Company in the laying of its tracks in said street, in which there were answer, cross-complaint, and counterclaim, .and…
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'Appeal from, a judgment of the circuit court for Winnebago county: Chas. M. Webb, Judge. A suit by the Eastern Wisconsin Railway & Light Company against the city of Oshkosh and the Winnebago Traction Company to enjoin the latter from laying a second track on Main street in the city of Oshkosh and from interfering-with the Eastern Wisconsin Railway & Light Company in the laying of its tracks in said street, in which there were answer, cross-complaint, and counterclaim, .and a suit by the city of Oshkosh against the Eastern Wisconsin Railway & Light Company and the Winnebago Traction Company…
1Dissent 1
The following opinion was filed May 8, 1908:
2Dissent · BashroedBashroed, J.
The record in this case' is so voluminous that the preparation of an opinion involves great labor and careful study to avoid error and misstatements. The labor of preparing a dissenting opinion has been greatly lightened by the very able decision and findings of the trial court, which meet my full approval. While this court in the controlling opinion sustains the authority of the municipality to adopt the resolution here challenged, it condemns, the exercise of the power as unreasonable and partial under the facts, which are said to be undisputed.…
3Cases cited3 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Le Feber v. Village of West AllisWisconsin Supreme Court · 1903
- Eastern Wisconsin Railway & Light Co. v. Winnebago Traction Co.Wisconsin Supreme Court · 1905