Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. City of Black River Falls

The following opinion was filed June 20, 1927:

Doerfler, J.

Where a city engages in a project such as the furnishing of electric light, power, or water for the benefit of its inhabitants, upon a consideration to be paid for such service, the function so performed by the municipality is proprietary and not governmental. Eau Claire Dells Imp. Co. v. Eau Claire, 172 Wis. 240, 179 N. W. 2; Milwaukee v. Raulf, 164 Wis. 172, 159 N. W. 819; West Bend v. West Bend H. & L. Co. 186 Wis. 184, 202 N. W. 350. Ordinarily a city engaged in its proprietary capacity “may exercise such powers as a private…