Legal Opinion · Dissent

Braatz v. Continental Casualty Co.

Wisconsin Supreme Court

Decided April 3, 1956Published

1DissentFairchild, C. J.

The defendant was an inexperienced driver. The state authorities did not permit her to drive except when accompanied by a duly licensed driver. Sec. 85.08 (7), Stats. The majority, in their opinion, considered this case an ordinary host-guest case. However, there are facts here which contract the limits of the limited liability ordinarily present in the usual host-guest case. The plaintiff herself is primarily responsible for the vehicle’s being on a busy three-lane highway with an inexperienced and incompetent driver at the wheel. The driver was inexperienced. She had not touched an…

2Cases cited8 opinions

  1. Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
  2. Ingersoll v. Onondaga Hockey Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
  3. Eisenhut v. EisenhutWisconsin Supreme Court · 1933
  4. Le Fleur v. VergiliaAppellate Division of the Supreme Court of the State of New York · 1952
  5. Lutzker v. Board of Education of City of New YorkNew York Court of Appeals · 1942

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