Miles v. General Casualty Co.

I concede that both sections 85.06 (2) (d), Stats., and motor vehicle department order 205, establish a safety rule in respect of flares to be set out in case a truck is left standing upon any traveled portion of a highway outside the corporate limits of a city or village. I do not consider, however, that the failure of the driver of the Goodrich truck to set flares was a cause of the death of plaintiff’s intestate. In Wilmet v. Chicago & N. W. R. Co. 233 Wis. 335, 345, 289 N. W. 815, this court said:

"Violation of a regulatory statute by one upon whom a duty is imposed, although the violation…