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STATE EX REL. HERMANN v. MADISON G. & E. CO.

264 Wis. 31 (1953)

STATE EX REL. HERMANN and another, Appellants, vs. MADISON GAS & ELECTRIC COMPANY, Respondent.

Supreme Court of Wisconsin.

May 5, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief by Arthur, Dewa, Nestingen & Tomlinson of Madison, and oral argument by Robert W. Arthur and Ivan A. Nestingen.

For the respondent there was a brief by Rieser, Mathys, McNamara & Stafford of Madison, and oral argument by Robert M. Rieser.

MARTIN, J.

There is no question that plaintiffs are such contractors as are contemplated by sec. 66.047, Stats., which provides:

"No contractor having a contract for any work upon, over, along, or under any public street or highway shall interfere with, destroy, or disturb the structures of any public service corporation encountered in the performance of such work so as to interrupt, impair, or affect the public service for which such structures may be used...

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