[Download] "Wisconsin Power and Light Company V." by Supreme Court of Appeals of West Virginia ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wisconsin Power and Light Company V.
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 30, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an appeal by the plaintiff from a judgment dismissing the complaint on its merits. The action was commenced by the Wisconsin Power and Light Company, a public utility service corporation, against the defendant Columbia County for damages to a transmission tower resulting from the defendants construction of a road across a marsh. A demurrer to the complaint was sustained in Wisconsin Power & Light Co. v. Columbia County (1958), 3 Wis. 2d 1, 87 N.W.2d 279. The complaint was amended, grounding the action in negligence, trespass and a taking; the latter two causes of action were stricken without prejudice by the court. After the trial to the court without a jury, the plaintiff was permitted to amend its pleadings to conform to the proof. The trial court found defendant was not negligent in building the road and dismissed the complaint on its merits.