Kemp v. Wisconsin Electric Power Co.

172 N.W.2d 161 (1969)

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Kemp v. Wisconsin Electric Power Co.

Wisconsin Supreme Court
172 N.W.2d 161 (1969)

Facts

Daniel Kemp (plaintiff), a minor boy, was playing with a gas-powered airplane in his neighborhood. The airplane was attached to two wires held by Kemp. One of the wires of the plane touched an uninsulated electrical wire of Wisconsin Electric Power Company (the company) (defendant). Kemp was seriously injured as a result. The wire was approximately 30 feet above the ground. Hundreds of feet from where the wires touched was a sign that read, “Warning of High Voltage.” Prior to this accident, Kemp had seen the sign on a few occasions. Wisconsin’s electrical code set out requirements for power lines, and the company complied with those requirements. Kemp’s father brought suit on his behalf for damages resulting from the wire contact. The company moved for summary judgment, and the trial court granted the motion.

Rule of Law

Issue

Holding and Reasoning (Heffernan, J.)

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