SCHROEDER v. NORTHERN STATES POWER CO.

No. 215.

46 Wis.2d 637 (1970)

176 N.W.2d 336

SCHROEDER, Administratrix, and others, Plaintiffs and Respondents, v. NORTHERN STATES POWER COMPANY, Defendant and Respondent: CITY OF LA CROSSE, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided April 28, 1970.


Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Edwards, Hafner & McDonald of La Crosse, and oral argument by Roger W. Hafner.

For the plaintiffs-respondents there was a brief by Bosshard, Sundet & Nix, and by Steele, Smyth, Klos & Flynn and Marvin H. Davis, all of La Crosse, and oral argument by Mr. Davis.

For the defendant-respondent there was a brief by Johns, Flaherty, Harman & Gillette of La Crosse, and oral argument by Robert D. Johns.


HEFFERNAN, J.

It was undisputed that the medium-pressure gas main located 42 inches below the surface of the road in front of the Saley home was defectively welded. Northern States Power Company, hereinafter referred to as the power company, points out, however, that, although the weld was defective, it had properly contained the gas from 1928 until the time of the explosion in 1966. It contended that the cause for the disjointing of the weld in January, 1966, was...

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