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ANDERSON v. GREEN BAY & WESTERN RAILROAD

No. 80-040.

99 Wis.2d 514 (1980)

299 N.W.2d 615

Barbara J. ANDERSON, Plaintiff-Appellant, v. GREEN BAY & WESTERN RAILROAD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 11, 1980.

Attorney(s) appearing for the Case

For the appellant there was a brief by Olson, Kulkoski, Galloway & Olson, S.C., of Green Bay, and oral argument by Thomas L. Olson.

For the respondent there was a brief by Trowbridge, Planert & Schaefer, S.C., of Green Bay, and oral argument by Thomas L. Schober.

Before Donlin, P.J., Foley, J., and Dean, J.

DONLIN, P.J.

Barbara Anderson alleges that the Green Bay & Western Railroad's negligent operation of its train and its failure to have fenced the location of an accident caused her serious injuries. The railroad argues that because Anderson was an undiscovered trespasser, it had no duty to exercise ordinary care toward her. Rather, its only duty was to refrain from willfully and intentionally injuring her. Because we conclude that the railroad breached no duty...

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