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REDDINGTON v. BEEFEATERS TABLES, INC.

No. 554 (1974).

72 Wis.2d 119 (1976)

240 N.W.2d 363

REDDINGTON, by GERALD J. BLOCH, his Guardian ad litem, and another, Plaintiffs-Appellants, v. BEEFEATERS TABLES, INC., Defendant-Respondent: WALDNER and another, Defendant.

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief by Gerald J. Bloch and Phillips, Hoffman & Bloch of Milwaukee, and oral argument by Gerald J. Bloch.

For the respondent there was a brief by Frank T. Crivello and Ames, Riordan, Crivello & Sullivan, attorneys, and Brian J. Henderson, of counsel, all of Milwaukee, and oral argument by Frank T. Crivello.

On motion to intervene or modify:

For the respondent there was a brief and supplemental brief in opposition to motion to amend and vacate part of April 7, 1976, decision and mandate filed by Frank T. Crivello, Brian J. Henderson and Riordan, Crivello, Sullivan & Carlson, all of Milwaukee.

For defendants-interveners, Edmund Waldner and Sentry Insurance Company, there was a brief and supplemental brief in support of motion to amend and vacate part of April 7, 1976, decision and mandate filed by L. William Staudenmaier and Cook & Franke, S. C., all of Milwaukee.

HEFFERNAN, J.

This case poses the initial question of whether the trial judge erred when he held, as a matter of law, that the plaintiff, Robert Reddington, was a trespasser and, hence, the cause of action founded upon the safe place statute was inapplicable, since it applies only to frequenters. In accordance with that holding, he granted a nonsuit in respect to the Beefeaters Tables, Inc. We conclude, contrary to the finding of the trial judge, that the evidence...

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