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MAZURKIEWICZ v. PAWINSKI

32 Wis.2d 211 (1966)

MAZURKIEWICZ, by Guardian ad litem, and another, Plaintiffs and Respondents, v. PAWINSKI, Defendant and Appellant: ALMERSCHEIM and another, Defendants.

Supreme Court of Wisconsin.

October 4, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Prosser, Zimmermann & Wiedabach of Milwaukee, and oral argument by John F. Zimmermann.

For the respondents there was a brief by Krawczyk & Duginski of Milwaukee, and oral argument by Michael J. Duginski.

HANLEY, J.

Appellant contends the complaint does not allege sufficient facts to state a cause of action upon the attractive-nuisance theory which permits a child of tender years to recovery under certain circumstances whether or not she is a trespasser. The attractive-nuisance doctrine is grounded in negligence.1 It was applied in Angelier v. Red Star Yeast & Products Co.2 decided in Wisconsin in...

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