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ZOMBKOWSKI v. WISCONSIN RIVER POWER CO.

267 Wis. 77 (1954)

ZOMBKOWSKI, Respondent, vs. WISCONSIN RIVER POWER COMPANY, Appellant.

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Brazeau & Brazeau of Wisconsin Rapids, and for the respondent on the brief of Walker & Taylor of Portage.

BROADFOOT, J.

Upon this appeal several claims of error are advanced by the defendant. It is first contended that the plaintiff's sole remedy was by condemnation under the provisions of ch. 32, Stats. It relies in particular upon the case of Peterson v. Wisconsin River Power Co. 264 Wis. 84, 58 N.W.2d 287. That case involved the same defendant and was an action to recover damages to the property of the

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