Vincent v. Pabst Brewing Co.

Hanley, J".

Two related questions are presented on this appeal:(1) Should the doctrine of pure comparative negligence be adopted in Wisconsin; and, if so,(2) Should such adoption be accomplished by this court rather than by the legislature ?

Under the current law in Wisconsin, the appellant can recover nothing from the respondents because his negligence exceeded that of the respondent Nye. Under pure comparative negligence, however, appellant would recover 40 percent of his damages, for pure comparative negligence never bars recovery. Instead, it merely reduces the recoverable amount of one’s…