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WISCONSIN POWER & LIGHT CO. v. GERKE

20 Wis.2d 181 (1963)

WISCONSIN POWER & LIGHT COMPANY, Respondent, v. GERKE, d/b/a GERKE CONSTRUCTION COMPANY, Appellant.

Supreme Court of Wisconsin.

June 4, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Jasper, Winner, Perina & Rouse of Madison, and oral argument by Robert I. Perina.

For the respondent there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by James C. Herrick, all of Madison.

FAIRCHILD, J.

Sec. 66.047, Stats. 1959, 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, without first procuring written authority from the commissioner of public works...

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