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STAMBERGER v. MATTHAIDESS

37 Wis.2d 186 (1967)

STAMBERGER and another, Plaintiffs and Appellants, v. MATTHAIDESS and others, Defendants and Appellants: CARTHAGE COLLEGE, Defendant and Respondent.

Supreme Court of Wisconsin.

December 22, 1967.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief by Frank M. Coyne, and oral argument by Robert C. Evans, both of Madison.

For the defendants-appellants there were briefs by Charles Cape of Milwaukee and Joseph J. Muratore of Racine, and oral argument by Mr. Muratore.

For the defendant-respondent there was a brief by Foley, Capwell & Foley of Rachine, and oral argument by Rex Capwell.

BEILFUSS, J.

The issue is: Are the allegations of the complaints sufficient to state a cause of action for negligent breach of a duty by the defendant, Carthage College?

It is conceded, as it must be, that the legal relationship of Carthage College and the plaintiff, Larry Stamberger, and the defendant, Gayle Kruescher, was that of invitor-invitee. The duty owed to an invitee by an invitor has been stated to be as follows:

"`A possessor of land is...

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