140 Wis. 512 | Wis. | 1909
The right of any street or interurban railway company to condemn the right to use city or village streets, alleys, or viaducts was not given by law until the •adoption of ch. 465, Laws of 1901 (sec. 1863a, Stats.), which grants the right upon the express condition that “. . . the ■use of such street, alley, or viaduct shall first be granted to such street or electric railway company by a franchise duly passed by the board of trustees or common council of such village or city.” The decision in the case of Beloit, D. L. & J. R. Co. v. Macloon, 136 Wis. 218, 116 N. W. 897, determined that appellant had no right as an interurban railway to institute condemnation proceedings for the use of a street unless it first had obtained a grant from the common council of the city authorizing such use of the street. The inquiry therefore in the case is: When did the appellant obtain the right to condemn the use of the street for an interurban railway business ?
The order appointing commissioners to appraise petitioner’s damages was proper.
By the Court. — The order is affirmed.