Legal Opinion

Pizzo v. Wiemann

Wisconsin Supreme Court

Decided April 23, 1912PublishedCited by 25 opinions

Appeal from an order of the circuit court for Dane county: E. Ray Steveks, Circuit Judge. Action against wholesalers and retailers for damages caused by putting on the market and selling to tbe intestate, a boy about eleven years of age, a toy pistol, whereby he came to his death.

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Appeal from an order of the circuit court for Dane county: E. Ray Steveks, Circuit Judge. Action against wholesalers and retailers for damages caused by putting on the market and selling to tbe intestate, a boy about eleven years of age, a toy pistol, whereby he came to his death. In the complaint, by appropriate allegations, this was stated: Defendants, Wiemann & Muench, wholesale dealers, sold a toy pistol, with other like articles, to the other defendants, who were retail dealers, for the purpose of supplying the trade with such goods. The retailers, pursuant thereto, placed said articles…

1Opinion of the Court

The following opinion was filed Eebruary 20, 1912:.

Maeshalu, J.

The appeal presents for solution this quéstion: In case of an article being regarded by the lawmaking power so inherently dangerous to human safety that the pub-*238lie welfare requires tlie sale thereof in this state to he prohibited, and the same is by written law so dealt with; violations of the statute being made criminal and subject to severe punishment, and of a wholesaler in this state nevertheless selling such articles to another to be sold, or knowing that he will probably offer them for sale, at retail herein, and of such…

2Cases cited5 opinions

  1. Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
  2. Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
  3. Clement v. Crosby & Co.Michigan Supreme Court · 1907
  4. Stowell v. Standard Oil Co.Michigan Supreme Court · 1905
  5. Skinn v. ReutterMichigan Supreme Court · 1903

3Cited by25 opinions

  1. D.L. Ex Rel. Friederichs v. HuebnerWisconsin Supreme Court · 1983
  2. Zerby v. WarrenSupreme Court of Minnesota · 1973
  3. Tamiami Gun Shop v. KleinSupreme Court of Florida · 1959
  4. Bentson v. BrownWisconsin Supreme Court · 1925
  5. Olson v. RatzelCourt of Appeals of Wisconsin · 1979

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