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SCHNEIDER F. & S. CO. v. THOMAS H. BENTLEY & SON

26 Wis.2d 549 (1965)

SCHNEIDER FUEL & SUPPLY COMPANY, Respondent, v. THOMAS H. BENTLEY & SON, INC., Appellant.

Supreme Court of Wisconsin.

March 2, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Giffin, Simarski & Koch, attorneys, and James P. Brennan of counsel, all of Milwaukee, and oral argument by Mr. Brennan.

For the respondent there was a brief by Lichtsinn, Dede, Anderson & Ryan, and oral argument by Peter C. Haensel, all of Milwaukee.

BEILFUSS, J.

Defendant maintains that the complaint does not sufficiently allege a cause of action for attractive nuisance; and, that its negligence, if any, is superseded by an independent, intervening force.

The plaintiff concedes that the complaint does not state a cause of action for attractive nuisance as that phrase is legally understood, but contends the allegation of attractive nuisance is merely descriptive of a negligent act of the defendant.

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