State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel defendant to extend its lines of railway upon certain streets in the city of Milwaukee.
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Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel defendant to extend its lines of railway upon certain streets in the city of Milwaukee. The plaintiff seeks to compel the extension of a double-track street railway upon Mitchell street in the city of Milwaukee from 4116 intersection of Mitchell street with Forest Home avenue over the route indicated in the map on page 185 to the intersection of Burnham street with Twenty-sixth avenue. The existing lines of railway are also indicated on the map. The defendant company is operating…
1Opinion of the CourtRosenberry, J.
The defendant contends (1) that the order should be affirmed for the following reasons:
“(1) Various legislative acts, and particularly ch. 565, Laws 1917, which, by state-wide rule, defines the duty of street railway companies in respect to construction of extensions, have superseded,» vacated, and made impossible of performance the provisions of said ordinance relating to the construction of extensions.
“(2) The state has provided a remedy before a special tribunal for the purpose of securing the construction of street railway extensions. Under such circumstances the judicial policy of the…
2Cases cited7 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Harrington v. SmithWisconsin Supreme Court · 1871
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Milwaukee Electric Railway & Light Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- State ex rel. City of Superior v. Duluth Street Railway Co.Wisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. HackbarthWisconsin Supreme Court · 1938
- Madison Railways Co. v. Railroad CommissionWisconsin Supreme Court · 1924
- State ex rel. Central Steam Heat & Power Co. v. GettleWisconsin Supreme Court · 1928
- Milwaukee Electric Railway & Transport Co v. Public Service CommissionWisconsin Supreme Court · 1952
- City of Madison v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1922