Employers Mutual Liability Insurance v. Mueller

Appellants assert that the question is novel and has not been previously decided in Wisconsin and they submit that the comparative-negligence statute (sec. 331.045) is available to them as a partial defense to the present action. That statute is:

“Comparative negligence; when bars recovery. Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages…