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WEISS v. HOLMAN

No. 68.

58 Wis.2d 608 (1973)

207 N.W.2d 660

WEISS, by Guardian ad litem, Plaintiff and Respondent, v. HOLMAN and others, Defendants and Respondents: WISCONSIN ELECTRIC POWER COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Prosser, Wiedabach, Koppa, Lane & Quale, S. C., attorneys, and George W. Greene and Rick T. Calvelli of counsel, all of Milwaukee, and oral argument by Mr. Greene.

For the respondent there was a brief and oral argument by Ronald L. Piette of Milwaukee.

WILKIE, J.

One issue is raised by this appeal: Did the trial court err in ruling that the minor plaintiff's complaint sufficiently states a cause of action based upon the violation of statute and upon common-law negligence?

The power company essentially alleges plaintiff's complaint fails to state a cause of action sounding either in per se negligence arising from the violation of a safety statute, or common-law...

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