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WISCONSIN ELECTRIC POWER CO. v. MILWAUKEE

263 Wis. 111 (1953)

WISCONSIN ELECTRIC POWER COMPANY, Appellant, vs. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

February 3, 1953.

Attorney(s) appearing for the Case

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

For the respondent there was a brief by Walter J. Mattison, city attorney, and Ralph J. Chmurski, assistant city attorney, and oral argument by Mr. Chmurski.

PER CURIAM.

Mr. Justice FAIRCHILD having taken no part in the decision upon this appeal, and the other members of the court being equally divided on the question whether the order sustaining the demurrer should be affirmed or reversed, Mr. Chief Justice FRITZ, Mr. Justice BROWN, and Mr. Justice CURRIE being of the opinion that the order should be reversed upon the ground that under the rule of Mullane v. Central Hanover...

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