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McWILLIAMS v. GUZINSKI

No. 77 (1974).

71 Wis.2d 57 (1976)

237 N.W.2d 437

McWILLIAMS, Respondent, v. GUZINSKI, and others, Appellants.

Supreme Court of Wisconsin.

Decided January 20, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief by James R. Gass and Kasdorf, Henderson, Dall, Lewis & Swietlik, all of Milwaukee, and oral argument by Russell M. Ware.

For the respondent there was a brief by Robert E. Sutton, Thomas W. St. John and Samson, Friebert, Sutton, Finerty & Burns, all of Milwaukee, and oral argument by Thomas W. St. John.

DAY, J.

The order appealed from overrules the defendants' demurrer and the question here is whether the complaint states a cause of action in negligence under the "attractive nuisance" doctrine.1

The action was brought by the mother of a deceased child for damages sustained by her as a result of the drowning of her four-year-old son, Joseph, in a backyard swimming pool owned by the defendants, Mr. and Mrs. Thomas Guzinski. It is...

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