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FITZGERALD v. LUDWIG

No. 119.

41 Wis.2d 635 (1969)

165 N.W.2d 158

FITZGERALD and another, by Guardian ad litem, Respondents, v. LUDWIG, Appellant.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Prosser, Zimmermann, Wiedabach, Koppa & Lane, attorneys, and Steven C. Underwood of counsel, all of Milwaukee, and oral argument by Mr. Underwood and Mr. Jack R. Wiedabach.

For the respondents there was a brief by Charlton, Yanisch, Cain, Dieterich & Greco, attorneys, and Earl A. Charlton of counsel, and oral argument by Carlton Roffa, all of Milwaukee.

HANLEY, J.

The issue presented is whether the complaint states facts sufficient to constitute a cause of action. In deciding this issue the pleading is entitled to a liberal construction and to all the reasonable inferences which can be drawn from the facts. Sec. 263.27, Stats. Libowitz v. Lake Nursing Home, Inc. (1967), 35 Wis.2d 74, 150 N.W.2d 439, 151 N.W.2d 680, and Estate...

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