MILWAUKEE E. R. & T. CO. v. PUBLIC SERVICE COMM.


261 Wis. 299 (1952)

MILWAUKEE ELECTRIC RAILWAY & TRANSPORT COMPANY, Appellant, vs. PUBLIC SERVICE COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

April 8, 1952.


Attorney(s) appearing for the Case

For the appellant there were briefs by Shaw, Muskat & Paulsen, attorneys, and Martin R. Paulsen and John F. Zimmermann of counsel, all of Milwaukee, and oral argument by Mr. Zimmermann.

For the respondent Public Service Commission there was a brief by the Attorney General and William E. Torkelson, chief counsel for the commission, and oral argument by Mr. Torkelson.

For the respondent city of Milwaukee there was a brief by Walter J. Mattison, city attorney, and Ewald L. Moerke, Jr., assistant city attorney, and for the city of Wauwatosa by Milton F. Burmaster, city attorney, and oral argument by Mr. Moerke.


GEHL, J.

In support of its order the commission found that as to each of the proposed extensions public convenience and necessity require them, and that the construction and operation of each would not impair the company's earnings so as to prevent an adequate or fair return. These findings and the orders were made pursuant to and under the provisions of sec. 193.10, Stats., which reads:

"Any street-railway corporation operating within any municipality shall...

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