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MIDTHUN v. MORGAN

35 Wis.2d 203 (1967)

MIDTHUN, Respondent, v. MORGAN, d/b/a MORGAN'S TRAILER PARK, Appellant.

Supreme Court of Wisconsin.

May 9, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Chambers, Nash, Pierce & Podvin of Wisconsin Rapids, and oral argument by Lloyd L. Chambers.

For the respondent there was a brief by Crowns, Crowns, Merklein & Midthun of Wisconsin Rapids, and oral argument by Byron C. Crowns.

HANSEN, J.

Defendant moved for a summary judgment as to both causes of action, and upon affidavits filed by the respective parties, the court found that the plaintiff was a trespasser as to that part of the defendant's building in which the plaintiff was injured and entered the following order:

"... this action may proceed to trial on the cause of action set forth in Plaintiff's Amended Complaint specifically entitled `Cause of Action on Common Law Negligence...

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