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WIRTH v. EHLY

No. 77-470.

93 Wis.2d 433 (1980)

287 N.W.2d 140

WIRTH, by his Guardian ad Litem, Peter Weisenberger, and others, Appellants, v. EHLY, and others, Respondents.

Supreme Court of Wisconsin.

Decided January 15, 1980.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bradley D. Armstrong and Axley, Brynelson, Herrick & Gehl and oral argument by Peter Weisenberger, all of Madison.

For the respondents the cause was argued by Charles R. Larsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

DAY, J.

The judgment dismissed with prejudice, for failure to state a claim, the complaint of the minor plaintiff and his parents alleging negligence causing personal injuries when the "trail bike" on which he was riding struck a cable stretched across a roadway used by the public on recreational land owned by the state and operated by the Department of Natural Resources (DNR). The defendants, employees of DNR, moved to ...

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