LAESCH v. L&H INDUSTRIES, LTD.

No. 89-2116.

161 Wis.2d 887 (1991)

469 N.W.2d 655

Stephen LAESCH, John B. Laesch, and Mary E. Laesch, Plaintiffs-Appellants, v. L&H INDUSTRIES, LTD., Chicago & Northwestern Transportation Company, Defendants-Respondents, AMERICAN HONDA MOTOR COMPANY, INC., Defendant, UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 28, 1991.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of John L. Cates, Steven J. Schooler and Dan D. Gartzke of Lawton & Cates, S.C., of Madison.

For the defendants-respondents the cause was submitted on the briefs of Roy H. Nelson of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee, and Bruce A. Schultz and William F. Bauer of Coyne, Niess, Schultz & Becker of Madison.

Before Eich, C.J., Dykman and Sundby, JJ.


DYKMAN, J.

Stephen Laesch was injured when he collided with a stack of rails piled along an abandoned railroad right-of-way while riding a Honda all-terrain vehicle (ATV). The right-of-way is owned by Chicago and Northwestern Transportation Company (CNW). Stephen and his parents, John and Mary Laesch (plaintiffs), appeal from judgments dismissing their complaint against CNW, L&H Industries, Ltd. and L&H's insurer, United States Fidelity & Guaranty Company...

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