PFEIFER v. STANDARD GATEWAY THEATER, INC.


259 Wis. 333 (1951)

PFEIFER and another, Appellants, vs. STANDARD GATEWAY THEATER, INC., Respondent.

Supreme Court of Wisconsin.

June 15, 1951.


Attorney(s) appearing for the Case

For the appellants there was a brief by Kenney, Korf & Pfeil of Elkhorn, and oral argument by Frank J. Korf.

For the respondent there was a brief by Cavanagh, Mittelstaed, Sheldon & Heide of Kenosha, and oral argument by William A. Sheldon.


GEHL, J.

We consider that the testimony presented an issue for the jury. The duty of the defendant theater owner is stated in Restatement, 2 Torts, p. 949, sec. 346:

"A possessor of land is subject to liability to others who are privileged to enter it for a public or private purpose, irrespective of his consent, for bodily harm there caused to them by his failure, after he knows or from facts within his knowledge should know of their presence on the land,...

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