State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. This is an action of mandamus brought on relation of the city of Milwaukee to compel the defendant company to pave with asphalt pavement on a concrete foundation that portion of Walnut street in said city lying between tbe outside rails of its double track and one foot on either side thereof.
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Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. This is an action of mandamus brought on relation of the city of Milwaukee to compel the defendant company to pave with asphalt pavement on a concrete foundation that portion of Walnut street in said city lying between tbe outside rails of its double track and one foot on either side thereof. From a judgment awarding a peremptory writ in accordance with the petition the defendant appeals. The material facts are simple and practically undisputed. June 6, 1887, the city by ordinance granted to the…
1Opinion of the CourtWinslow, C. J.
There are but three questions in this case: First. Does sec. 4 of the ordinance of 1881 require the company to repave its portion of the roadway under the circumstances here present ? Second. If so, does the ordinance of 1900 repeal that section ? And third. Has the city lost any rights by practical construction or estoppel ?
1. The argument for the appellant on the first proposition is that the ordinance carefully uses the word “repair” and does not use the word “repave,” that the two words have very different meanings, and that a promise to repair cannot logically be held to impose a duty to…
2Cases cited13 opinions
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Mayor of Baltimore v. ScharfCourt of Appeals of Maryland · 1880
- State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1884
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- State ex rel. City of West Allis v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1917
- State ex rel. Allis v. WiesnerWisconsin Supreme Court · 1925
- Quarles v. City of AppletonCourt of Appeals for the Seventh Circuit · 1924
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.