JAMES v. WISCONSIN POWER & LIGHT CO.


266 Wis. 290 (1954)

JAMES, by Guardian ad litem, Respondent, vs. WISCONSIN POWER & LIGHT COMPANY, Appellant. [Two cases.]

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by Schubring, Ryan, Petersen & Sutherland of Madison, and Harry F. Knipp of Janesville, and oral argument by Mr. Robert J. Sutherland and Mr. Knipp.

For the respondents there was a brief by McWilliams & Steil of Janesville, and oral argument by George K. Steil.


GEHL, J.

Liability was asserted under the "attractivenuisance doctrine." The rule is stated in Restatement, 2 Torts, p. 920, sec. 339:

"A possessor of land is subject to liability for bodily harm to young children trespassing thereon caused by a structure or other artificial condition which he maintains upon the land, if

"(a) the place where the condition is maintained is one upon which the possessor knows or should know that such children are likely...

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