Legal Opinion

Baird v. Cornelius

Wisconsin Supreme Court

Decided January 10, 1961PublishedCited by 22 opinions

1Opinion of the CourtDieterich, J.

The two appeals present the following issues:

1. Assumption of risk on the part of plaintiff, Joseph Baird, as a matter of law.

2. Contributory negligence on the part of the plaintiff passenger and guest, Joseph Baird.

*2873. Whether the emergency doctrine applies as to John R. Handlen.

4. Absence of causal negligence as to lookout on the part of defendant, John R. Handlen.

Assumption of Risk and Contributory Negligence.

The defendants-appellants contend that the plaintiff assumed the risk of injury upon the assumption that Cornelius and Baird were intoxicated as a matter of law. They further contend…

2Cases cited5 opinions

  1. Frey v. DickWisconsin Supreme Court · 1956
  2. Topel v. CorrezWisconsin Supreme Court · 1958
  3. Deignan v. New Amsterdam Casualty Co.Wisconsin Supreme Court · 1958
  4. Diedrich v. LukasavitzWisconsin Supreme Court · 1959
  5. Vanderbloemen v. SuchoskyWisconsin Supreme Court · 1959

3Cited by22 opinions

  1. Felgner v. AndersonMichigan Supreme Court · 1965
  2. McConville v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1962
  3. Geis v. HirthWisconsin Supreme Court · 1966
  4. Theisen v. Milwaukee Automobile Mutual InsuranceWisconsin Supreme Court · 1962
  5. Shaw v. WuttkeWisconsin Supreme Court · 1965

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