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BROWN v. WISCONSIN NATURAL GAS CO.

No. 254.

59 Wis.2d 334 (1973)

208 N.W.2d 769

BROWN and others, Plaintiffs, v. WISCONSIN NATURAL GAS COMPANY and another, Appellants: MACDONALD (Kenneth), d/b/a MACDONALD EXCAVATING COMPANY, Defendant and Respondent: MACDONALD (Thomas), d/b/a MACDONALD TRENCHING COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the appellant Wisconsin Natural Gas Company there were briefs by Prosser, Wiedabach, Koppa, Lane & Quale, S. C., and Jack R. Wiedabach, John E. Feldbruegge, and William P. Croke, all of Milwaukee, and oral argument by Jack R. Wiedabach.

For the appellant Wisconsin Telephone Company there were briefs by Foley & Lardner, Marvin E. Klitsner, John R. Collins and Clarence W. Malick, all of Milwaukee, and oral argument by Mr. Klitsner.

For the respondents there was a brief by Thomas G. Godfrey, Richard A. Howarth, Jr., and Godfrey, Neshek & Worth, S. C., all of Elkhorn, and oral argument by Thomas G. Godfrey.

HEFFERNAN, J.

1. Negligence of the Gas Company.

A gas utility is under a duty to exercise "a higher degree of vigilance and caution than in ordinary affairs of life and business ... in dealing with natural gas because of its highly explosive and dangerous character and its tendency to escape its proper containers." Webb v. Wisconsin Southern Gas Co. (1965), 27 Wis.2d 343, 350, 134 N.W.2d 407. Accord...

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