Vincent v. Pabst Brewing Co.

The doctrine of pure comparative negligence should be adopted and the unjust doctrine of contributory negligence repudiated; this can and should be done by this court exercising its inherent power.

I see the justice of the cause and read history differently than does the majority opinion.1 The doctrine of contributory negligence caine into the common law rather late in the development of the fault principle in torts. Butterfield v. Forrester (1809), 11 East. 60, 103 Eng. Rep. 926. This doctrine was apparently followed without discussion in Chamberlain v. Milwaukee & Mississippi RR. Co. (1858),…