Appleton Waterworks Co. v. City of Appleton
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. The 'appeal is from a judgment against the city of Appleton for $8,532.54 damages and costs.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. The 'appeal is from a judgment against the city of Appleton for $8,532.54 damages and costs. Appellant on '.November 4, 1881, enacted, dated, and published an ordinance granting to the Wiley Construction Company, a corporation of Connecticut, “the exclusive privilege of constructing and operating a system of waterworks within the limits of the city of Appleton, Wisconsin, for supplying said city and its inhabitants with water for protection against fire and for domestic purposes for and during the term…
1Opinion of the CourtTimxiN, J.
No question of the power of a municipal corporation to grant an exclusive franchise, no question of the right of the Wiley Construction Company to take a franchise under ch. 211, Laws of 1879, or sec. 1780», Stats. (1898), no question relative to the right or power of a city to make its consent to the use of its streets conditional upon the concession or continuance of pecuniary advantages-to it or to its citizens, and no question of the correctness of the method employed by the court below in arriving at the amount of recovery, necessarily arises in .this case; therefore neither of said…
2Cases cited13 opinions
- Litchfield v. BallouSupreme Court of the United States · 1885
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Kellogg v. Citizens Insurance Co.Wisconsin Supreme Court · 1896
- Chamberlain v. Detroit Stove WorksMichigan Supreme Court · 1894
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- Cawker v. Central Bitulithic Paving Co.Wisconsin Supreme Court · 1909
- Brown v. Oneida Knitting Mills, Inc.Wisconsin Supreme Court · 1938
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