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WISCONSIN POWER & LIGHT CO. v. COLUMBIA COUNTY

18 Wis.2d 39 (1962)

WISCONSIN POWER & LIGHT COMPANY, Appellant, v. COLUMBIA COUNTY, Respondent.

Supreme Court of Wisconsin.

October 30, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by James C. Herrick and Griffin Dorschel, all of Madison.

For the respondent there was a brief and oral argument by Howard W. Latton and Arno J. Miller, special district attorneys, and by Donald Hamm of Wisconsin Dells.

HALLOWS, J.

The first question on this appeal is whether the defendant was negligent in constructing the road. Plaintiff contends the defendant proceeded at its peril after it had knowledge of the mounding and possible damage to the tower by the subterranean lateral forces of the marsh set in motion by the manner in which the road was being constructed. Specifically it is claimed the defendant was negligent in building the road by trial and error and by the "blanketing...

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