Kempen v. Green Bay & Mississippi Canal Co.

In overruling defendants’ demurrer, the trial court determined that the plaintiffs’ complaint adequately stated a cause of action in negligence 1 under the attractive-nuisance theory which permits a child of tender years to recover under certain circumstances whether or not such child is a trespasser.2 In this state the required elements for such attractive-nuisance cause of action are five in number, with a complaint, in an action brought under the attractive-nuisance doctrine, required to allege:

“‘(1) . . . that the former [possessor of real estate] maintained, or allowed to exist, upon his…