SUN PRAIRIE v. PUBLIC SERVICE COMM.


37 Wis.2d 96 (1967)

CITY OF SUN PRAIRIE, Appellant, v. PUBLIC SERVICE COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

November 28, 1967.


Attorney(s) appearing for the Case

For the appellant there was a brief by Petersen, Sutherland, Axley & Brynelson of Madison, and Wilmer E. Trodahl of Sun Prairie, city attorney, and oral argument by Eugene O. Gehl of Madison.

For the respondent Public Service Commission the cause was argued by Clarence B. Sorensen, attorney, with whom on the brief were Bronson C. La Follette, attorney genera, and William E. Torkelson, chief counsel of the Public Service Commission.

For the respondents Lewis P. Brooks and Brooks Equipment Leasing, Inc., there was a brief by Stafford, Rosenbaum, Rieser & Hansen of Madison, and oral argument by Willard S. Stafford.

For the respondent Wisconsin Gas Company there was a brief by Foley, Sammond & Lardner, Vernon A. Swanson, and N. J. Lesselyoung, all of Milwaukee, and oral argument by Mr. Swanson.


CURRIE, C. J.

The issue on this appeal is whether the landlord of a large complex which furnishes heat, light, water and power to its tenants is a public utility within the definition of sec. 196.01 (1), Stats., so as to be under the jurisdiction of the Public Service Commission. This statute defines a public utility as follows:

"Public utility' means and embraces every corporation, company, individual . . . town, village or city that may own, operate, manage...

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