GRIDLEY v. CARDENAS


3 Wis.2d 623 (1958)

GRIDLEY and others, Respondents, vs. CARDENAS, Executrix, Appellant. VANCE, Administrator, Respondent, vs. SAME, Appellant.

Supreme Court of Wisconsin.

April 8, 1958.


Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. Clack.

For the respondents there was a brief by Federer, Grote, Hesslink, Rohde & Neuses, attorneys, and Theodore A. Grote of counsel, all of Sheboygan, and oral argument by Theodore A. Grote.


WINGERT, J.

The sole question in each case is whether the complaint states a cause of action. The accident having occurred in Florida, the rights of the parties are governed by the law of that state. Scholle v. Home Mut. Casualty Co. 273 Wis. 387, 389, 78 N.W.2d 902.

The complaints allege only a want of ordinary care on the part of the pilot, Cardenas, as contrasted with gross negligence or wilful and wanton misconduct...

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