Britten v. City of Eau Claire

The city contends that at the time in question it was engaged in carrying on' a governmental function and that therefore it is not liable. As appears from the verdict the case was tried upon the theory that the injury resulted from the maintenance of an attractive nuisance. The attractive-nuisance doctrine as it is applied in Wisconsin generally, without particular reference to municipalities, is that one who “leaves an instrumentality or premises where children have a right to be or where children by reason of their childish instincts are likely for some apparent reason to be attracted” must…