Chicago, Milwaukee & St. Paul Railway Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee-county: E. C. EschwbileR, Circuit Judge. Action to set aside special assessments for street improvements against plaintiff’s right of way in tbe city of Milwcm-hee.
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Appeal from an order of tbe circuit court for Milwaukee-county: E. C. EschwbileR, Circuit Judge. Action to set aside special assessments for street improvements against plaintiff’s right of way in tbe city of Milwcm-hee. Tbe complaint alleges that plaintiff is tbe owner and operator of a system of railways, for public use, in Wisconsin- and other states; that several of its lines of railway enter the-city of Milwemlcee, and have been maintained and operated,, for public use, within said city, for more than twenty years-last past; that it is the owner of lands lying in defendant city described…
1Opinion of the CourtVinje, J.
Tbe complaint alleges that plaintiff is tbe owner of tbe lots described; that they are part and parcel of its right of way; that its line of railway was at tbe time of tbe assessment operated as part and parcel of its system of rail*42way for public use, and that the said lots constituted necessary right of way. Under this allegation it must be held that plaintiff is the owner in fee of the lots described and not of a mere easement or right of way over them, though they are used only for a right of way. The question, therefore, arises: Are lands of a railway company, used solely for a right of…
2Cases cited8 opinions
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1895
- Burlington & Missouri River Railroad v. SpearmanSupreme Court of Iowa · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
- Rutledge v. City of EurekaCalifornia Supreme Court · 1925
- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. City of MinotNorth Dakota Supreme Court · 1924
- City of Grand Rapids v. Grand Trunk Railway SystemMichigan Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.