1. Home
  2. Browse Decisions
  3. Wis.2d
  4. 53 Wis.2d
  5. 53 Wis.2d 141 (1971)
 

THOMAS v. KELLS

No. 227.

53 Wis.2d 141 (1971)

191 N.W.2d 872

THOMAS and another, Plaintiffs, v. KELLS and wife, Defendants and Third-Party Plaintiffs and Appellants: THOMAS, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided December 2, 1971.

Attorney(s) appearing for the Case

For the appellants there were briefs by Cannon, McLaughlin, Herbon & Staudenmaier, attorneys, and Ellis R. Herbon and Heiner Giese of counsel, all of Milwaukee, and oral argument by Mr. Giese.

For the respondent there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Joseph D. McDevitt of counsel, all of Milwaukee, and oral argument by Mr. McDevitt.

ROBERT W. HANSEN, J.

Putting aside for the moment the question of whether the third-party complaint itself establishes an affirmative defense, it is to be noted that nowhere in this case is it contended that such third-party complaint fails to state a cause of action. It clearly does.

To constitute a cause of action for negligence there must be: (1) A duty to conform to a certain standard of conduct to protect others against unreasonable risks; (2) a failure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases