President of Kilbourn City v. Southern Wisconsin Power Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: Chester A. Fowler, Circuit Judge. By cb. 462, Laws of 1901, certain persons were authorized to build a dam across the Wisconsin river at Kilbourn City, to a certain specified height, and were empowered to exercise the right of condemnation given by secs. 1to l'll'le, in-elusive, of the Statutes of 1898. The right or franchise granted by said act was thereafter conveyed to the defendant herein, the Southern…
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Appeal from a judgment of tbe circuit court for Columbia county: Chester A. Fowler, Circuit Judge. By cb. 462, Laws of 1901, certain persons were authorized to build a dam across the Wisconsin river at Kilbourn City, to a certain specified height, and were empowered to exercise the right of condemnation given by secs. 1to l'll'le, in-elusive, of the Statutes of 1898. The right or franchise granted by said act was thereafter conveyed to the defendant herein, the Southern Wisconsin Power Company, a corporation. In the fall of 1906 said corporation commenced the construction of the dam…
1Opinion of the CourtBaeNes, J.
Tbe contention of tbe appellant most elaborately argued was that tbe evidence failed to support tbe findings of fact to tbe effect that tbe provisions of tbe contract by wbicb tbe plaintiff agreed to buy power at legal rates and *177the defendant agreed to pay the plaintiff a sum of not less than $3,500 nor more than $4,500 per year, depending on increase of population, were inserted in the contract to enable the plaintiff to obtain free power contrary to law and were adopted as a subterfuge to cover up the real purpose of enabling the plaintiff to obtain free power, and that the contract in fact…
2Cases cited29 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Wight v. United StatesSupreme Court of the United States · 1897
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- Union Pacific Railway Co. v. GoodridgeSupreme Court of the United States · 1893
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3Cited by21 opinions
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- American Express Co. v. Citizens State BankWisconsin Supreme Court · 1919
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