City of Milwaukee v. Milwaukee & Beloit Railroad
Wisconsin Supreme Court
APPEAL PROM THE MILWAUKEE CIRCUIT COURT. This was a complaint filed for the purpose of perpetually enjoining and restraining the Milwaukee & Beloit Railroad Company, from laying and constructing their track along certain streets and across the public square, in the fifth ward of the City of Milwaukee. The complaint states that on or about the 12th day of February, 1857, the said defendant, (the M. & B. R.R.
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APPEAL PROM THE MILWAUKEE CIRCUIT COURT. This was a complaint filed for the purpose of perpetually enjoining and restraining the Milwaukee & Beloit Railroad Company, from laying and constructing their track along certain streets and across the public square, in the fifth ward of the City of Milwaukee. The complaint states that on or about the 12th day of February, 1857, the said defendant, (the M. & B. R.R. Co.) one of the defendants, caused notice to be given to the Alderman of the Fifth Ward of said City, that they, said Railroad Company, had located the line of their railroad upon and…
1Opinion of the Court
By the Court,
Whiton, C. J.
We shall not discuss many of the points argued by the counsel of the parties in this *99case; because in our opinion the city of Milwaukee, in its corporate capacity, has not such an interest or property in the street and public square across, and along which, the railroad company are building their road, as to authorize it to maintain this action. In the case of Kimball vs. the City of Kenosha (4 Wis., R. 321.) we held that the lot owners, where lots are bounded by a public street, owned the soil to the cen-tre ot the street. This seems to be decisive of the fact that…
2Cited by14 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
- City of Madison v. MayersWisconsin Supreme Court · 1897
- Town of East Troy, a Municipal Corporation v. Soo Line Railroad CompanyCourt of Appeals for the Seventh Circuit · 1980
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