State ex rel. City of Milwaukee v. Milwaukee Elec. Ry. & Light Co.
| Citation | 164 N.W. 844,166 Wis. 163 |
| Court | United States State Supreme Court of Wisconsin |
| Decision Date | 23 October 1917 |
| Parties | STATE EX REL. CITY OF MILWAUKEE v. MILWAUKEE ELECTRIC RY. & LIGHT CO. |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; Oscar M. Fritz, Judge.
Petition for a writ of mandamus by the State, on the relation of the City of Milwaukee, against the Milwaukee Electric Railway & Light Company. Granted, and defendant appeals. Affirmed.Miller, Mack & Fairchild, of Milwaukee, for appellant.
Clifton Williams, City Atty., of Milwaukee, for respondent.
This case was here before on demurrer to the defendant's return to the alternative writ of mandamus. State ex rel. Milwaukee v. Milwaukee E. R. & L. Co., 165 Wis. 230, 161 N. W. 745. After filing the remittitur, the defendant having failed to plead further, judgment was entered in the circuit court for Milwaukee county directing the issuance of a peremptory writ of mandamus requiring the defendant to pave Center street from Teutonia avenue to Seventeenth street between the rails of its tracks therein, and for one foot outside of each of the outside rails with asphalt upon a concrete foundation.
The judgment of this court on the former appeal is the law of the case under repeated decisions of this court. We therefore adhere to such decision as the law of this case on all points involved on this appeal. It follows, therefore, that the judgment below must be affirmed.
The judgment appealed from is affirmed.
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Milwaukee Electric Ry Light Co v. State of Wisconsin City of Milwaukee, 55
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