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BAUMGART v. SPIERINGS

2 Wis.2d 289 (1957)

BAUMGART and wife, Respondents, vs. SPIERINGS and another, Appellants.

Supreme Court of Wisconsin.

December 3, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief by Chmiel & Woodrow, attorneys, and David L. Fulton of counsel, all of Appleton, and oral argument by Mr. Fulton and Mr. Stanley S. Chmiel.

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

BROADFOOT, J.

The defendants contend that the judgment must be reversed: First, because the child was a trespasser and there is no evidence of wilful and intentional injury; and second, because the defendant, on the undisputed evidence, fully discharged his duty as outlined under the decisions of this court even if the child were a licensee. To determine the issues will require a brief summary of the facts as revealed by...

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