Wisconsin Public Service Corp. v. Public Service Commission

The constitution of this state, sec. 2, art. XI, provides that no municipal corporation shall take private property for public use, against the consent of the owner, without the necessity thereof being first established by the verdict of a jury. In the present case no such verdict was found by a jury before the city of Waupaca commenced proceedings for the acquisition of electric-utility property in that city, and the single issue upon this appeal is whether the utility corporation may be held to- have so consented to the taking of its property as tó make the jury verdict unnecessary.

When the…