Severson v. Hauck

(on motion for rehearing). The original opinion did not discuss the question of whether the interest of justice required that the principles of equity be invoked to preclude the defendant host-driver from employing the defenses of assumption of risk and contributory negligence. We assumed in affirming the findings of contributory negligence and assumption of risk it would be understood this argument was rejected. However, counsel for the plaintiff on rehearing calls this issue to our attention, relying on the suggestion in State ex rel. Reynolds v. Breidenbach (1931), 205 Wis. 483, 237 N. W.…