Muth v. Wisconsin Electric Co

In Muth v. Wisconsin Electric Co., 293 Wis.2d 361, 2006 WI App 101, 715 N.W.2d 240, the plaintiffs sued WEPCO, and were awarded damages, based on stray voltage that had allegedly affected their dairy herd. 2006 WI App 101, at P 1-2. When the plaintiffs had asked WEPCO to investigate stray voltage problems, the utility performed some testing and installed an isolator on the farm. However, WEPCO took the position that no other action was necessary because the level of stray voltage was less than one milliampere. Id. at P 7. In affirming the judgment for the plaintiffs, the court of appeals relied on Hoffmann, noting that "a utility may be held liable for negligence for damages caused by stray voltage even when no measurements exceed one milliampere." Muth, at P 11. The court went on to note that in any event, the record in the case provided evidence of both stray voltage in excess of one milliampere and defects in the utility's system and distribution. Id. at P 13. Accordingly, the court concluded that the jury could reasonably find that WEPCO's negligence caused harm and damage to the plaintiffs. Id. at P 22.