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263 Wis. 590

Schroeder v. Kuntz

Wisconsin Supreme Court

Decided May 5, 1953

Wisconsin Supreme Court · decided 1953-05-05

Key passage — most relied on by later courts

““Since our decisions in Quady v. Sickl (1952), 260 Wis. 348 , 51 N. W. (2d) 3 , 52 N. W. (2d) 134 , and Hephner v. Wolf (1952), 261 Wis. 191 , 52 N. W. (2d) 390 , counsel in a number of subsequent automobile cases have cited such decisions as holding that the causal negligence of any operator of a motor vehicle who at night collides with a vehicle stopped or parked on the paved portion of a highway is, as a matter of law, at least equal to that of the operator of the other vehicle. The opinion in the instant case should clarify such misunderstanding of the holding in the Quady v. Sickl and Hephner v. Wolf Cases, and make it plain that the decisions in those two cases were based upon the particular facts there presented. . . . “In the ordinary case of a moving motor vehicle colliding at night with another vehicle parked or stopped wholly or partially in the proper lane of travel of the moving vehicle, the comparison of negligence of the operators of such two vehicles presents a jury issue in which it will not be held as a matter of law that the negligence of one is at least as great as that of the other.””

quoted by 1 later decision, including 2 Wis. 2d 540 - Christenson v. Klitzke

““In the ordinary case of a moving motor vehicle colliding at night with another vehicle parked or stopped wholly or partially in the proper lane of travel of the moving vehicle, the comparison of negligence of the operators of such two vehicles presents a jury issue in which it will not be held as a matter of law that the negligence of one is at least as great as that of the other.””

quoted by 1 later decision, including Berg v. De Greef

Relies on Quady v. Sickl · Hephner v. Wolf

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-05

How this case has been cited

Cited by 13 later decisions — most recently March 1973

13 state decisions

60195319601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Currie, J.

¶1(concurring). Since our decisions in Quady v. Sickl (1952), 260 Wis. 348, 51 N. W. (2d) 3, 52 N. W. (2d) 134, and Hephner v. Wolf (1952), 261 Wis. 191, 52 N. W. (2d) 390, counsel in a number of subsequent automobile cases have cited such decisions as holding that the causal negligence of any operator of a motor vehicle who at night collides with a vehicle stopped or parked on the paved portion of a highway is, as a matter of law, at least equal to that of the operator of the other vehicle. The opinion in the *595instant case should clarify such misunderstanding of the holding in the Quady v. Sickl and Hephner v. Wolf Cases, and make it plain that the decisions in those two cases were based upon the particular facts there presented. In fact, the comparison of negligence in the Quady Case on appeal did not involve the negligence of the operator of the vehicle which was struck from the rear but the negligence of the driver of the truck approaching from the opposite direction who did not dim his lights.

¶2In the ordinary case of a moving motor vehicle colliding at night with another vehicle parked or stopped wholly or partially in the proper lane of travel of the moving vehicle, the comparison of negligence of the operators of such two vehicles presents a jury issue in which it will not be held as a matter of law that the negligence of one is at least as great as that of the other.

¶3The opinion in the case at bar also adheres to the principle so well established in the prior decisions of this court, that failure of the operator to reduce his speed to the extent necessary to enable him to stop within the distance he can see ahead because of obstruction of vision due to blinding lights of an approaching car, smoke, fog, etc., before any vehicle or obstruction is sighted by him in his lane of travel, presents an issue of negligence as to speed and not as to management and control. On the other hand, once the operator sights a stopped or slowly moving vehicle obstructing his lane of travel ahead, failure to timely and adequately apply his brakes, or to turn sharply to the right or left, so as to avoid a collision, presents an issue of management and control.

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