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BELOIT v. PUBLIC SERVICE COMM.

34 Wis.2d 145 (1967)

TOWN OF BELOIT and another, Appellants, v. PUBLIC SERVICE COMMISSION and another, in Respondents.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Garrigan, Keithley, O'Neal, Dobson & Elliott of Beloit, and oral argument by Roger D. O'Neal.

For the respondent Public Service Commission the cause was argued by William E. Torkelson, chief counsel, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent Wisconsin Power Light Company there was a brief by Petersen, Sutherland, Axley & Brynelson of Madison, and oral argument by Robert J. Sutherland.

HANLEY, J.

The principal issue in this case is whether or not the utility company held itself out to the public or assumed any obligation to serve the public in the area referred to as the district.

It is a fundamental principle of public utility law that public utility is required to serve only within the scope of its undertaking, or profession of service. Weyauwega Telephone Co. v. Public Service Comm. (1961), 14 Wis.2d 536

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