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MEIHOST v. MEIHOST

29 Wis.2d 537 (1966)

MEIHOST (Elsie E.), Plaintiff and Appellant, v. MEIHOST (William F.), Defendant: MEIHOST and another, Defendants and Respondents. MEIHOST (William F.), Plaintiff and Appellant, v. MEIHOST and another, Defendants and Respondents.

Supreme Court of Wisconsin.

January 12, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kersten & McKinnon of Milwaukee, for Elsie E. Meihost, and Wolf, Haese, Emmert & Wilking of Milwaukee, for William F. Meihost, and oral argument by George P. Kersten and William J. Haese.

For the respondents there was a brief by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

WILKIE, J.

Appellants predicate their action for damages solely on the ground that respondent violated Milwaukee ordinance 101-112. However, because the question of liability stemming from leaving keys in an unattended auto should be completely resolved, the complaint should be interpreted as also raising the companion issue of whether respondent is liable on a common-law negligence theory irrespective of the breach of any ordinance.2...

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