Reque v. Milwaukee & Suburban Transport Corp.

95 N.W.2d 752 (1959)

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Nature of the Case

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Facts

D was allegedly negligent in parking a bus at an excess distance from the curb. P fell and sued D for negligence alleging violation of statute and negligence per se. The trial court held that such allegation of negligence was sufficient to allege a violation of Wis. Stat. § 85.19(2)(a) (1955). The statute prohibited parking a motor vehicle more than 12 inches from the curb. The trial court held that P’s allegation that the fall was caused as a direct and proximate result of this violation of statute was a mere conclusion of law. The court found that the fact that D parked the bus more than 12 inches from the curb did not supply an inference of causation. This holding was reversed, and D sought rehearing.