Fitzpatrick v. Rice

Counsel for plaintiff concede that while the violation of a penal statute constitutes negligence as a matter of law recovery does not necessarily follow, and that to establish liability causal connection between the violation and the injury must be established; it is for that reason no doubt that the cases on the subject are not discussed in the opinion of the majority.

We said in Smith v. Taylor-Button Co. (1923), 179 Wis. 232, 236, 190 N. W. 999:

“It is well settled that although the violation of a penal statute constitutes negligence, nevertheless, in order to constitute liability, there…