City of Milwaukee v. Railroad Commission
City of Milwaukee v. Railroad Commission
Opinion of the Court
The facts show that both the Electric and Traction Companies are organized under the same statute of
“Both sections had their origin in ch. 234, Laws 1891. Long before this act was passed the legislature had granted ‘any street railway company’ the power ‘to extend its railroad to any point or points within any town adjoining’ the municipality in which the tracks of the street railway were located.*562 Sec. 2, ch. 313, Laws 1860. Later ‘street railways were given the power ‘to extend from any point in one village or town to, into or through any other village or town . . . for the carriage of either passengers or freight.’ Ch. 221, Laws 1880. The acts just cited show that the legislature has so used the term ‘street railway’ as to include both urban and interurban railways for thirty years before ch. 234 of the Laws of 1891 was enacted. It must be assumed that the legislature had this long-established meaning in mind when it used the phrase ‘street railway’ in ch. 234, Laws 1891.”
We are of the opinion that the circuit court has ascertained the legislative intent and meaning of the provisions of sub. 3, sec. 1775, and sec. 1862a, and that the Electric Company has the power to acquire the property of the Traction Company, including the interurban lines, and that the plaintiff’s application for an injunction was properly denied.
By the Court. — The Order appealed from is affirmed.
Reference
- Full Case Name
- City of Milwaukee v. Railroad Commission of Wisconsin and others
- Status
- Published