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KEMPEN v. GREEN BAY & MISSISIPPI CANAL CO.

No. 337.

66 Wis.2d 185 (1974)

224 N.W.2d 202

KEMPEN and wife, Respondents, v. GREEN BAY & MISSISIPPI CANAL COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by H. R. Klueter of Wausau.

For the respondents there was a brief by Patterson, Froehlich, Jensen & Wylie, attorneys, and John G. Wylie, of counsel, all of Appleton, and oral argument by John G. Wylie.

ROBERT W. HANSEN, J.

In overruling defendants' demurrer, the trial court determined that the plaintiffs' complaint adequately stated a cause of action in negligence1 under the attractive-nuisance theory which permits a child of tender years to recover under certain circumstances whether or not such child is a trespasser.2 In this state the required elements for such attractivenuisance cause of action are five...

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