Mazurkiewicz v. Pawinski

Appellant contends the complaint does not allege sufficient facts to state a cause of action upon the attractive-nuisance theory which permits a child of tender years to recovery under certain circumstances whether or not she is a trespasser. The attractive-nuisance doctrine is grounded in negligence. It was applied in Angelier v. Red Star Yeast & Products Co. 2 decided in Wisconsin in 1934.

In Schilz v. Walter Kassuba, Inc. (1965), 27 Wis. (2d) 390, 393, 134 N. W. (2d) 453, the court reiterated the elements of an attractive nuisance cause of action as follows:

‘‘(1) . . . that the former…