Kastenson v. Kastenson

The complaint alleges that Curtiss Kastenson, a minor, born on October 22, 1955, was injured on August 8, 1967, while on the premises of defendant-appellant, Elmer H. Kastenson, at 6003 County Trunk K, Franksville, Wisconsin. The complaint also alleges that appellant, a farmer, had negligently leaned a number of four-foot by eight-foot plywood sheets against a plow, thus forming a ramp to the top of the plow. The exposed metal parts at the top of the plow allegedly could not be seen by a child standing at the bottom of the ramp. This combination of ramp and plow was purported to be an inherently dangerous, artificial condition attractive to children who would not appreciate the dangers involved. On August 8, 1967, respondent Curtiss Kastenson, who was then eleven years and ten months of age, and a number of other children were playing on the ramp. The minor respondent allegedly ran to the top of the ramp, caught his foot in the exposed metal parts of the plow, and fell, suffering serious bodily injuries. It was also contended that appellant either knew or should have known that children had played on the ramp prior to the date of the accident and that the ramp constituted an unreasonable danger to children playing thereon.