Mariuzza v. Kenower
Wisconsin Supreme Court
1Opinion of the CourtRobert W. Hansen, J.
Two issues are raised by this appeal.
Combined negligences. Appellant’s contention that the negligence of the tenant and landowner should have been combined for purposes of comparison with the negligence of the plaintiff fails for two reasons:(1) The required basis for such combining does not here exist. The general rule in this state is that the comparison of negligence in a multiple-defendant case is “required to be between the plaintiff and the individual defendants.” 1 The sole exception, arising in a case where the negligence of parents was involved, 2 is limited to situations where the…
2Cases cited12 opinions
- Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Schwenn v. Loraine Hotel Co.Wisconsin Supreme Court · 1961
- Oxmans' Erwin Meat Co. v. BlacketerWisconsin Supreme Court · 1979
- Savina v. Wisconsin Gas Co.Wisconsin Supreme Court · 1967
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3Cited by20 opinions
- Reiter v. DykenWisconsin Supreme Court · 1980
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- Roach v. KeaneWisconsin Supreme Court · 1976
- Matthies v. Positive Safety Manufacturing Co.Wisconsin Supreme Court · 2001
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