Chicago, Milwaukee & St. Paul Railway Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tibe circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This was an appeal to the circuit court from an assessment of benefits made September 1, 1891, upon a strip of land owned by the appellant in fee and used in part for its tracks and as a right of way for railroad purposes, abutting upon the northerly side of Commerce street, and extending from the northeast corner of lot 14, in subdivision of lots 2 and 3, section 21, in…
Read the full summary
Appeal from a judgment of tibe circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This was an appeal to the circuit court from an assessment of benefits made September 1, 1891, upon a strip of land owned by the appellant in fee and used in part for its tracks and as a right of way for railroad purposes, abutting upon the northerly side of Commerce street, and extending from the northeast corner of lot 14, in subdivision of lots 2 and 3, section 21, in Milwaukee, to the northwest corner of block 5, in the Sixth ward of said city, for grading and paving the roadway of said street…
1Opinion of the CourtPiNNey, J.
1. It is contended that the assessment in question is authorized by subd. 14, sec. 1038, R. S. Neither this section nor the chapter in which it is found treats of or has any relation to assessments for special improvements, but they relate to general taxation only. This section declares what property shall be exempt from such taxation, and the subdivision relied on is that “ the track, right’ of way, depot grounds and buildings, machine shops, rolling stock, and all other property necessarily used in operating any railroad in, this state belonging to any railroad .company, including pontoon…
2Cases cited18 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Rhodes v. City of ClevelandOhio Supreme Court · 1840
- Donnelly v. DeckerWisconsin Supreme Court · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Atlantic Coast Line Railroad v. City of GainesvilleSupreme Court of Florida · 1922
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
19 more not listed; retrieve them via the Exa API.