Dostal v. Magee

{concurring). The result in this case points up the need for legislative revision of sec. 330.19 (5), Stats. While in the instant case the defendant Magee was only absent from the state, with whereabouts unknown, for the last few days of the two-year period available, a plaintiff, who has sustained personal injury through the negligence of a 'resident of this state, would be entirely remediless if such resident soon after the accident had left on a legitimate trip abroad which would have taken him'out of the state for all of the remaining portion of the two-year period.

It would seem highly…