City of Superior v. Lake Superior T. & T. Ry. Co.

Decision Date18 February 1913
Citation152 Wis. 389,140 N.W. 26
CourtWisconsin Supreme Court
PartiesCITY OF SUPERIOR v. LAKE SUPERIOR T. & T. RY. CO.

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Douglas County; A. J. Vinje, Judge.

Action by the City of Superior against the Lake Superior Terminal & Transfer Railway Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded, with directions.

This is an action brought by the city of Superior under section 1210 l, St. Wis., to recover of the defendant certain special assessments levied against a part of the defendant's right of way for street paving and construction of sidewalks. The defendant owns in fee a 50-foot strip of land running due east and west through the south half of certain blocks in the city of Superior upon which it operates its engines and cars, and this is the strip against which the special assessments in question were levied. The following drawing of one of the blocks will give a correct idea of the situation:

IMAGE

The railroad property, which consists of the shaded strip upon the plat, was assessed $355.37 as benefits for the construction of a pavement upon Third street, and was also assessed $62.20 for the construction of a cement sidewalk on the east side of John avenue across the strip. Judgment was rendered by the trial court for the plaintiff for both amounts, and the defendant appeals.J. A. Murphy, of Superior, for appellant.

Thomas E. Lyons, T. L. McIntosh, R. I. Tipton and H. V. Gard, all of Superior, for respondent.

WINSLOW, C. J. (after stating the facts as above).

On the general subject of special assessments against railroad property for local improvements, three propositions must now be considered as settled and not open for debate:

[1][2][3] First, that the statute which makes railroad property subject to assessment for local improvements to the same extent as private property is a valid exercise of legislative power (C., M. & St. P. Ry. Co. v. Janesville, 137 Wis. 7, 118 N. W. 182, 28 L. R. A. [N. S.] 1124); second, that in considering the question of the benefits resulting from such improvements, railroad property is to be considered, not with reference to its present use, but with reference to its adaptability for other and general uses in the future (C., M. & St. P. Ry. Co. v. Milwaukee, 148 Wis. 39, 133 N. W. 1120); and, third, that when it is provided by law, as in the case of the city of Superior, that assessments of benefits for local improvements may be levied against abutting or adjacent real estate, the word “adjacent” signifies in this connection lying near to, but not actually touching, the improvement, being separated therefrom by an intervening parcel or strip (Hennessy v. Douglas County, 99 Wis. 129-136, 74 N. W. 983;N. P. Ry. Co. v. Douglas County, 145 Wis. 288, 130 N. W. 246).

It is said by counsel for the city that since the decision of the Hennessy Case, supra, it has been the practice in Superior to consider all property which is no further back from the street than the middle of the block as adjacent to the street, even though it does not actually touch the street, and he appeals to the court to place its approval on that rule. It seems, by reference to the case named, that such was the rule followed in making the assessments which were sustained by the judgment in that case. It is to be...

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10 cases
  • City of Alcoa v. Louisville & N. R. Co.
    • United States
    • Tennessee Supreme Court
    • January 15, 1925
    ...etc., R. Co., 50 Wash. 132, 96 P. 958; Chicago, etc., R. Co. v. Milwaukee, 148 Wis. 39, 133 N. W. 1120; Superior v. Lake Superior Terminal, etc., R. Co., 152 Wis. 389, 140 N. W. 26; Louisville & Nashville R. Co. v. Barber Asphalt Pav. Co., 197 U. S. 433, 25 S. Ct. 466, 49 L. Ed. In Figg v. ......
  • Radej v. State
    • United States
    • Wisconsin Supreme Court
    • February 18, 1913
  • City of Alcoa v. Louisville & N.R. Co.
    • United States
    • Tennessee Supreme Court
    • January 15, 1925
    ... ... 132, ... 96 P. 958; Chicago, etc., R. Co. v. Milwaukee, 148 ... Wis. 39, 133 N.W. 1120; Superior v. Lake Superior ... Terminal, etc., R. Co., 152 Wis. 389, 140 N.W. 26; ... Louisville & ... ...
  • Bagnall v. City of Milwaukee
    • United States
    • Wisconsin Supreme Court
    • April 9, 1914
    ...et al., 99 Wis. 129, 74 N. W. 983;Northern P. R. Co. v. Douglas County et al., 145 Wis. 288, 130 N. W. 246; and Superior v. Lake S. T. & T. R. Co., 152 Wis. 389, 140 N. W. 26. In Northern P. R. Co. v. Douglas County et al., supra, it was held that “abutting” the street contemplates the stre......
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