ALLEN v. WISCONSIN PUBLIC SERVICE CORP.

No. 03-2690.

279 Wis.2d 488 (2005)

2005 WI App 40

694 N.W.2d 420

Russell ALLEN, Plaintiff-Respondent-Cross-Appellant, v. WISCONSIN PUBLIC SERVICE CORPORATION, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided February 15, 2005.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Trevor J. Will, Kevin P. Whaley, and Eric L. Maassen of Foley & Lardner, LLP of Milwaukee.

On behalf of the combined brief of plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Daniel P. Murray and B.J. Hammarback of Hammarback, Murray & Jacobson S.C. of River Falls, and Scott Lawrence of Lawrence & Des Rochers of St. Nazianz.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. HOOVER, P.J.

Wisconsin Public Service Corporation (WPS) appeals a judgment that it negligently damaged Russell Allen's dairy business with stray voltage and that WPS's electrical distribution system was a nuisance. WPS argues (1) the trial court erred when it determined that Allen took reasonable steps to discover the cause of the damage thereby removing WPS's statute...

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