WISCONSIN POWER & LIGHT CO. v. COLUMBIA COUNTY


3 Wis.2d 1 (1958)

WISCONSIN POWER & LIGHT COMPANY, Appellant, vs. COLUMBIA COUNTY, Respondent.

Supreme Court of Wisconsin.

January 7, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Schubring, Ryan, Petersen & Sutherland, and oral argument by William Ryan and James C. Herrick, all of Madison.

For the respondent there was a brief and oral argument by Howard Latton, district attorney, and Arno J. Miller, assistant district attorney.


WINGERT, J.

Appellant contends that the facts stated in the complaint constitute a cause of action on each of three grounds: (1) A taking of plaintiff's property for public use, for which plaintiff is entitled to just compensation under sec. 13, art. I, Wis. Const., (2) a trespass on plaintiff's property, and (3) an actionable nuisance. We are of opinion, as was the learned circuit judge, that no cause of action is stated on...

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