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THOMAS v. TESCH

268 Wis. 338 (1954)

THOMAS, by Guardian ad litem, Appellant, vs. TESCH and another, Respondents.

Supreme Court of Wisconsin.

December 7, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Van Susteren & Bollenbeck of Appleton, and oral argument by Urban P. Van Susteren.

For the respondents there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.

CURRIE, J.

This court, in Shaske v. Hron (1954), 266 Wis. 384, 63 N.W.2d 706, held that as a matter of law a child under the age of five and one-half years is incapable of either contributory or primary negligence. The trial of the instant case took place on January 11, 1954, and the order for judgment upon motions after verdict was entered March 3, 1954, while our decision in Shaske...

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