CHRISTIANS v. HOMESTAKE ENTERPRISES, LTD.

No. 79-852.

97 Wis.2d 638 (1980)

294 N.W.2d 534

Rick CHRISTIANS, a minor, by his guardian ad litem, Howard A. Davis, and Geraldine Hammer, Plaintiffs-Respondents, Philip CHRISTIANS, Plaintiff, v. HOMESTAKE ENTERPRISES, LTD., and Royal Globe Insurance Co., Defendants-Appellants, Merlin GREEN, Brent Stange, Wisconsin Farmers Mutual Ins. Co., and Michael Gossfeld, Defendants.

Court of Appeals of Wisconsin.

Decided May 20, 1980.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James C. Herrick, Jr. and Herrick Law Office, S.C., of Fond du Lac.

For the respondent the cause was submitted on the brief of William M. Cannon and Habush, Habush & Davis, S.C., of Milwaukee.

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


FOLEY, J.

Rick Christians was injured in an explosion involving blasting caps stolen by two other boys from property owned by Homestake Enterprises, Ltd. Because the theft involved a trespass by children, the trial court instructed the jury on the attractive nuisance doctrine. Although we agree with Homestake that the attractive nuisance doctrine does not apply to the facts here, we conclude that Homestake was not prejudiced by the instruction. The court's instructions...

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