GUMZ v. NORTHERN STATES POWER CO.

No. 2005AP1424.

742 N.W.2d 271 (2007)

2007 WI 135

Grace GUMZ, James Gumz, Michael Gumz and Susan Gumz, Plaintiffs-Respondents-Cross-Appellants, v. NORTHERN STATES POWER COMPANY d/b/a Xcel Energy, Defendant-Appellant-Cross-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided December 6, 2007.


Attorney(s) appearing for the Case

For the defendant-appellant-cross-respondent-petitioner there were briefs by Michael J. Happe, J. Drew Ryberg, and Ryberg & Happe, S.C., Eau Claire, and Jordan J. Hemaidan, John D. Wilson, and Michael Best & Friedrich LLP, Madison, and oral argument by J. Drew Ryberg.

For the plaintiffs-respondents-cross appellants there was a brief by Scott Lawrence and Lawrence & Des Rochers, S.C., St. Nazianz and Gregory J. Cook and Greg Cook Law Offices S.C., Milwaukee, and Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Scott Lawrence.

An amicus curiae brief was filed by Trevor J. Will, G. Michael Halfenger, and Foley & Lardner LLP, Milwaukee on behalf of Wisconsin Public Service Corporation.

An amicus curiae brief was filed by Lynn R. Laufenberg and Laufenberg & Hoefle, Milwaukee, and William C. Gleisner, III, Milwaukee on behalf of Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by O. Thomas Armstrong, William P. Croke, and von Briesen & Roper, S.C., Milwaukee on behalf of Wisconsin Electric Power Company.

An amicus curiae brief was filed by H. Dale Peterson, John J. Laubmeier, and Stroud, Willink & Howard, LLC, Madison on behalf of Wisconsin Farm Bureau Federation, Cooperative.


¶ 1 ANN WALSH BRADLEY, J.

The petitioner, Northern States Power Company ("Northern States"), seeks review of a published court of appeals decision affirming a judgment of the circuit court for Marathon County entered in favor of James, Grace, Michael, and Susan Gumz.1 In this private nuisance action based on negligence, the Gumzs alleged that stray voltage from Northern States' distribution system caused damage to their dairy herd...

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