Facts
Action
by the Dean Milk Company against the City of Madison, Wisconsin, and others,
for a declaratory judgment as to the validity of two sections of an ordinance
prohibiting the sale of milk unless bottled within five miles from the central
square of Madison, and relieving municipal authorities from duty to inspect
farms located beyond 25 miles from center of the city.
The
Supreme Court of Wisconsin affirmed a judgment of the Circuit Court for Dane County, upholding the ordinance, and plaintiff appealed.
Holding
The Supreme Court held that the five-mile provision unduly burdened interstate commerce in
view of the availability of reasonable and adequate alternatives.
Judgment
vacated and cause remanded for further proceedings.
