Dean v. Ehrhart

Christopher Dean, a young boy who was seriously injured when he was struck by a motorcycle while playing on land owned by the Chicago & Northwestern Transportation Company (CNW), sued CNW for his injuries. The trial court dismissed the action on grounds that the complaint failed to state a claim upon which relief could be granted. The issues are whether the facts alleged in Dean’s complaint may be read to state a claim against CNW based on: (1) sec. 192.33, Stats., a statute requiring railroads to fence their tracks and imposing liability for damage to persons or animals caused by the lack of…