Zehren v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeals from orders of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. These are two actions in equity brought to permanently enjoin the defendant railway company from grading down the highway in front of the residences of the plaintiffs, and from laying an electric street railway thereon. The cases are identical in their facts, and but one statement will be necessary.
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Appeals from orders of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. These are two actions in equity brought to permanently enjoin the defendant railway company from grading down the highway in front of the residences of the plaintiffs, and from laying an electric street railway thereon. The cases are identical in their facts, and but one statement will be necessary. The facts appearing by the complaint and the affidavits used upon the motion to dissolve the preliminary injunction were substantially as follows: Oakland avenue- is a highway sixty feet in width, running…
1Opinion of the CourtWinslow, J.
The defendant proposes to construct and operate an electric street railway for the carriage of passengers upon a highway in a country town outside of the city limits of Milwaukee, and, for that purpose and by permission of the town authorities, to cut down the highway about eight feet, so that an abutting owner’s right of access to his property will be seriously impaired; and the question is whether this can be done without the consent of the abutting owner, and without the payment of compensation to such owner.
The question is a new one in this court, and one the importance of which, in view…
2Cases cited6 opinions
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Hobart v. Milwaukee City RailroadWisconsin Supreme Court · 1870
- Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
- Nichols v. Ann Arbor & Ypsilanti Street Railway Co.Michigan Supreme Court · 1891
- Jaynes v. Omaha Street Railway Co.Nebraska Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Diebold v. Kentucky Traction Co.Court of Appeals of Kentucky · 1903
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
20 more not listed; retrieve them via the Exa API.