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KRETCHMAN v. REID

No. 194.

46 Wis.2d 677 (1970)

176 N.W.2d 301

KRETCHMAN, Respondent, v. REID, Appellant.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Block & Summers, attorneys, and Richard E. Rosenberg of counsel, all of Janesville, and oral argument by Mr. Rosenberg.

For the respondent there was a brief and oral argument by Jack McManus of Madison.

ROBERT W. HANSEN, J.

What was the legal status of the plaintiff at the time she fell down an unlighted, unguarded basement stairwell on defendant's home premises?

If she was an invitee, as the complaint alleges, the defendant owed to her the duty of ordinary care.1

If she is considered to have been a licensee, as plaintiff's complaint conceded she may have been, the defendant had the duty to protect her from known traps...

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