Massino v. Smaglick

In a memorandum decision the trial court held that a piece of composition shingle such as was being thrown was not inherently dangerous. The case was tried on the theory that the building under construction was an attractive nuisance. The trial court further held that the plaintiff had failed to prove that the condition of the premises was one of which the possessor knew or should have known and which he realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a trespassing child of tender years.

The plaintiff argues that Wisconsin follows the…