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HOWES v. HANSEN

Nos. 201, 202.

56 Wis.2d 247 (1972)

201 N.W.2d 825

HOWES, by Guardian ad litem, and another, Respondents, v. HANSEN, by Guardian ad litem, and others, Defendants: DEERE & COMPANY, Appellant. HOWES, by Guardian ad litem, and another, Plaintiffs, v. HANSEN, by Guardian ad litem, and another, Defendants: SCHATZMAN and others, Defendants and Third-Party Plaintiffs and Appellants: HANSEN and another, Third-Party Defendants and Respondents.

Supreme Court of Wisconsin.

Decided November 9, 1972.

Attorney(s) appearing for the Case

For the appellant in Case No. 201 there was a brief by Michael, Best & Friedrich, attorneys, and Kenneth K. Luce and Thomas E. Obenberger of counsel, all of Milwaukee, and oral argument by Mr. Obenberger.

For the appellants in Case No. 202 there was a brief by Godfrey, Neshek & Worth of Elkhorn, and oral argument by Harry F. Worth, Jr.

For the respondents in Cases No. 201 and 202 there were briefs by Braden & English of Lake Geneva, and oral argument by James L. English.

WILKIE, J.

The first important controversy involved on this appeal concerns Case No. 201, and raises two issues:

1. Did the trial court err in overruling a demurrer to the amended complaint because that complaint did not state sufficient facts to constitute a cause of action against Deere & Company in strict liability in tort?

2. Should an action based on strict liability be extended to injured bystanders?

In Dippel v. Sciano,

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