Home/Wisconsin Supreme Court/Safe Way Motor Coach Co. v. City of Two Rivers

Safe Way Motor Coach Co. v. City of Two Rivers

39 N.W.2d 847, 256 Wis. 35, 1949 Wisc. LEXIS 419
CourtWisconsin Supreme Court
DecidedOctober 13, 1949
StatusPublished
Cited by14 cases

This text of 39 N.W.2d 847 (Safe Way Motor Coach Co. v. City of Two Rivers) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Safe Way Motor Coach Co. v. City of Two Rivers, 39 N.W.2d 847, 256 Wis. 35, 1949 Wisc. LEXIS 419 (Wis. 1949).

Opinion

Rosenberry, C. J.

From the allegations of the complaint it appears:

“That on the 21st day of March, 1932, the Public Service Commission of Wisconsin [hereinafter referred to as the *37 “commission”] issued an order authorizing Wisconsin Public Service Corporation to abandon the auto transportation system it had operated in the cities of Manitowoc and Two Rivers and intermediate points, and by the same order authorized Safe Way Motor Coach Company to operate an auto transportation system in the cities of Manitowoc and Two Rivers and intermediate points.
“That in conformity with said order a certificate of authority was issued to Safe Way Motor Coach Company by Public Service Commission of Wisconsin, authorizing it to operate motor vehicles as an auto transportation company for the carriage of freight and passengers over the route described in Exhibit “B” attached to said certificate; . . .”

That a part of the route described in Exhibit “B” attached to the complaint is as follows: East to Roosevelt avenue at the city limits of Two Rivers, thence along Roosevelt avenue to Twelfth street, east on Twelfth street to Washington street, north on Washington to Twenty-Seventh street, returning over the same route to Manitowoc.

That since 1932 the plaintiff has carried urban passengers over said route within the city of Two Rivers and return, that being the route upon which the plaintiff was and is authorized to travel by the commission.

On Tuesday, August 17, 1948, the defendant city of Two Rivers, by its common council, adopted an ordinance, section 1 of which is as follows:

“Section 1. From and after the 22d day of August, 1948, the Safe Way Motor Coach Company, shall be permitted to operate buses only upon the following streets in the city of Two Rivers, namely: Lake Shore drive from the south city limits to Washington street; and

Washington street from its intersection with Lake Shore drive to Twenty-Seventh street, and not upon any other streets except to the extent that detours are necessary by reason of suspension of highway traffic on the above-named streets.”

*38 On September 7, 1948, the city of Two Rivers adopted an ordinance amending the ordinance of August 17, 1948, in a particular not material on this hearing. 1

It is further alleged in the complaint:

“That Twelfth street and Roosevelt avenue run through heavily populated residential and business districts in the city of Two Rivers from which the plaintiff draws its passengers. That Lake Shore drive from the south city limits to Washington street, designated in the ordinance above referred to, is located along the shore of Lake Michigan, and bounded on the east by the Lake Michigan beach, and on the west by a city park which is inclosed with a high wire fence, and by other property which does not have residences located thereon or business houses from which the plaintiff could receive passengers. There are no residences whatever on either side of said Lake Shore drive.”

It also appeal's that in 1944 Two Rivers Transit, Inc., made application to the commission for authority to operate as a common carrier of passengers within the city of Two Rivers. That such application was granted authorizing Two Rivers Transit, Inc., to operate as a common carrier of passengers on various streets in the city of Two Rivers. That since the issuance of said certificate Two Rivers Transit, Inc., has been transporting passengers commencing at Twenty-Seventh and Washington streets, thence south on AVashing-ton street to its intersection with Twelfth street, thence west on Twelfth street to its intersection with Roosevelt avenue, thence southwest on Roosevelt avenue to a point near the south city limits of the city of Two Rivers.

It is further alleged that the ordinance adopted August 17, 1948, was enacted for the purpose of granting to Two Rivers Transit, Inc., the exclusive right to transport passengers as a common carrier from the intersection of Twelfth street and AA^ashington street, thence west on Twelfth street to its in-

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Bluebook (online)
39 N.W.2d 847, 256 Wis. 35, 1949 Wisc. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/safe-way-motor-coach-co-v-city-of-two-rivers-wis-1949.