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PACHOWITZ v. MILWAUKEE & S. TRANSPORT CORP.,

No. 318.

56 Wis.2d 383 (1972)

202 N.W.2d 268

PACHOWITZ, Plaintiff, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Defendant and Third-Party Plaintiff and Appellant: CITY OF MILWAUKEE, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Harold A. Dall and James R. Gass of counsel, all of Milwaukee, and oral argument by Nonald J. Lewis of Milwaukee.

For the respondent there was a brief and oral argument by Joseph H. McGinn, principal assistant city attorney.

ROBERT W. HANSEN, J.

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.

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