Waukesha Gas & Electric Co. v. Waukesha Motor Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: Martin L. Lueck, Circuit Judge. The plaintiff is a public utility furnishing gas and electric service in the city of Waukesha. The defendant is the proprietor of a manufacturing plant located in that city.
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Appeal from an order of the circuit court for Waukesha county: Martin L. Lueck, Circuit Judge. The plaintiff is a public utility furnishing gas and electric service in the city of Waukesha. The defendant is the proprietor of a manufacturing plant located in that city. In an action brought by the plaintiff against the defendant, the defendant interposed a counterclaim in which it was alleged, in effect, that the plaintiff had entered into a contract by which it undertook and agreed to furnish the defendant with all of the electric energy necessary to properly operate its plant, and with two…
1Opinion of the Court
*422The following opinion was filed' October 18, 1921:
Owen, J.
The counterclaim sets forth a cause of action for a plain breach of contract. That it sets forth facts sufficient to constitute a cause of action is not seriously challenged here. A demurrer thereto was sustained on the ground that the court had no jurisdiction of the cause of action. The trial court was. of the opinion that the railroad commission had exclusive jurisdiction to deal with the subject. Respondent seeks to maintain that position by reason of the analogy between our public utility act and the interstate commerce act, under…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Illinois Central Railroad v. Mulberry Hill Coal Co.Supreme Court of the United States · 1915
- Frank A. Graham Ice Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Seattle & Rainier Valley Railway Co. v. Superior CourtWashington Supreme Court · 1923
- Madregano v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1923
- Mellon v. Johnson Co.Wisconsin Supreme Court · 1928
- Chicago, Milwaukee & St. Paul Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1927
- City of La Crosse v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.