KERNS v. MADISON GAS & ELECTRIC CO.,

No. 85-0772.

134 Wis.2d 387 (1986)

396 N.W.2d 788

Richard B. KERNS and Kathleen E. Kerns, Plaintiffs-Appellants, v. MADISON GAS & ELECTRIC COMPANY, a Wisconsin Corporation, Defendant-Respondent, William CHANDLER, Mary Chandler, and General Casualty Company of Wisconsin, a Wisconsin corporation, Defendants.

Court of Appeals of Wisconsin.

Decided October 28, 1986.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Mark S. Young, Lawrence M. Shindell and James F. Boyle, and Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of Bruce D. Huibregtse and Erik T. Salveson, and Stafford, Rosenbaum, Rieser & Hansen, of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.


DYKMAN, J.

Richard and Kathleen Kerns, personal injury plaintiffs, petitioned for leave to appeal from a nonfinal order granting partial summary judgment in favor of MG&E. We granted the petition. The court dismissed plaintiffs' claims that MG&E maintained its electrical transmission line below clearance requirements in violation of the electrical code, Wis. Adm. Code, sec. PSC 114 (February, 1982)1 and the statutes, secs. 196...

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