State ex rel. City of West Allis v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Geo. W. Buewell, Judge., Mandamus action to compel appellants to pave their street-car zone in the city of West Allis with creosote blocks on a permanent concrete foundation.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Geo. W. Buewell, Judge., Mandamus action to compel appellants to pave their street-car zone in the city of West Allis with creosote blocks on a permanent concrete foundation. In 1894 the Milwaukee Street Railway Company, predecessor of appellants, obtained consent of the boards of supervisors of the towns of Greenfield and Wauwatosa, in Milwaukee county, to construct, maintain, and operate a street railway line in such towns, using highways thereof for that purpose. Such consent was applied for and granted under sec. 1863,…
1Opinion of the CourtMarshall, J.
Was it competent for the supervisors of the towns of Greenfield and Wauwatosa to burden the consent granted to the street railway company with conditions ? That is the principal question to be considered on this appeal. If it must be answered in the affirmative, evidently the conditions might extend to regulations in respect to preserving and maintaining the highways in a suitable condition for public travel, which, in our opinion, according to the logic of State ex rel. Milwaukee v. Milwaukee E. R. & L. Co. 151 Wis. 520, 139 N. W. 396; Madison v. Southern Wis. R. Co. 156 Wis. 352, 146 N. W.…
2Cases cited8 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- Swick v. ColemanIllinois Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hathaway v. Joint School District No. 1Wisconsin Supreme Court · 1984
- St. Luke's Hospital Ass'n v. City of MilwaukeeWisconsin Supreme Court · 1967
- State v. EnglerWisconsin Supreme Court · 1977
- Wisconsin Patients Compensation Fund v. Wisconsin Health Care Liability Insurance PlanWisconsin Supreme Court · 1996
- Northwest General Hospital v. YeeWisconsin Supreme Court · 1983
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