Schmidt v. Leuthener

It is claimed that the court erred in instructing the jury as to the defendant’s negligence. The instruction given was confessedly proper to define the duty a driver owes to travelers other than guests, but it is claimed that as under the rule of Sommerfield v. Flury, 198 Wis. 163, 223 N. W. 408, the duty to guests is that of a “licensor and licensee,'” and the degree of care required “is the slightest required in any human relation,” imposing the duty to use the same degree of care towards the guests as towards other travelers was erroneous. The precise duty owed is “not to increase the…