Pachowitz v. Milwaukee & Suburban Transport Corp.

The transport company invites this court to do two things: (1) Recognize a difference between “active” and “passive” negligence, not as to causation of injury, but as to responsibility for it; and (2) create a right to full indemnity on the part of one whose negligence contributed to an injury, if such negligence was “passive,” as against a tort-feasor whose negligence contributed to the injury and was “active.” The invitation is declined.

If the transport company were found to be 95 percent negligent, and the city 5 percent negligent, under its cause of action for contribution, the transport…