Legal Opinion

Connell v. Luck

Wisconsin Supreme Court

Decided June 2, 1953PublishedCited by 25 opinions

1Opinion of the CourtBroadfoot, J.

The sole question to be determined is whether or not sec. 85.61, Stats., applies to a farmer’s tractor being used upon his own farm. This statute reads as follows:

“No vehicle of the tractor type shall be operated unless the driving wheels are protected by suitable fenders.”

The plaintiff contends that this is a plain, simple, and unambigous statute. It is conceded that, as a general rule, where a statute is plain and unambiguous no interpretation or construction thereof is necessary. A reading of the statute immediately raises several questions: What is a vehicle? What is a vehicle of the…

2Cases cited6 opinions

  1. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
  2. Pfingsten v. PfingstenWisconsin Supreme Court · 1916
  3. Rice v. Ashland CountyWisconsin Supreme Court · 1900
  4. State ex rel. Husting v. Board of State CanvassersWisconsin Supreme Court · 1914
  5. Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Alberte v. Anew Health Care Services, Inc.Wisconsin Supreme Court · 2000
  2. State Ex Rel. Reynolds v. NusbaumWisconsin Supreme Court · 1962
  3. Worachek v. Stephenson Town School DistrictWisconsin Supreme Court · 1955
  4. Green Bay Drop Forge Co. v. Industrial CommissionWisconsin Supreme Court · 1953
  5. Kearney & Trecker Corp. v. Department of RevenueWisconsin Supreme Court · 1979

20 more not listed; retrieve them via the Exa API.

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