City of West Allis v. City of Milwaukee

A number of questions have been argued and we are asked to make a determination of questions argued. In view of the nature and importance of this case we shall make only such determination as is necessary to a decision of the question presented, and that is whether or not the complaint states facts sufficient to constitute a cause of action.

The contract between the village (now city) of West Allis and the city of Milwaukee was entered into prior to the enactment of the public utility law. It would seem to require no argument to show that the city of Milwaukee, having entered into a valid…