Briese v. Maechtle
In Briese v. Maechtle (1911) 146 Wis. 89 130 N.W. 893, a 10-year-old boy playing tag ran into and injured another boy playing marbles during school recess.
The court found no actionable negligence.
The defendant's duty of care was that of a child his age.
The court asked:
"Can any man truthfully say as he recalls the scene that the ten year old defendant in the present case was doing anything more or less than healthy boys of his age have done from time immemorial and will continue to do as long as the race retains its activity and love of innocent sport? It seems to us that this question can receive but one answer, and that in the negative." (Id. at p. 894.)