MASSINO v. SMAGLICK


3 Wis.2d 607 (1958)

MASSING, by Guardian ad litem, Appellant, vs. SMAGLICK and another, Respondents.

Supreme Court of Wisconsin.

April 8, 1958.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Gerald Hayes, Jr., and Thomas J. Regan, guardian ad litem, both of Milwaukee.

For the respondents there was a brief and oral argument by Raymond J. Moore of Milwaukee.


BROADFOOT, J.

In a memorandum decision the trial court held that a piece of composition shingle such as was being thrown was not inherently dangerous. The case was tried on the theory that the building under construction was an attractive nuisance. The trial court further held that the plaintiff had failed to prove that the condition of the premises was one of which the possessor knew or should have known and which he realized or should have realized would involve...

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