Pizzo v. Wiemann
| Decision Date | 20 February 1912 |
| Citation | 149 Wis. 235,134 N.W. 899 |
| Parties | PIZZO v. WIEMANN ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.
Action by Ferdinand Pizzo, administrator of Lorenzo Pizzo, deceased, against Louis Wiemann and Hugo Muench, doing business under the firm name of Wiemann & Muench, and others. The demurrer of defendant partners to the complaint was overruled, and they appeal. Affirmed.
Action against wholesalers and retailers for damages caused by putting on the market and selling to the intestate, a boy about 11 years of age, a toy pistol, whereby he came to his death.
In the complaint, by appropriate allegations, this was stated: Defendants, Wiemann & Muench, wholesale dealers, sold a toy pistol, with other like articles, to the other defendants, who were retail dealers, for the purpose of supplying the trade with such goods. The retailers, pursuant thereto, placed said articles on sale and sold one to the intestate. In using it he came to his death. Both of such sales were made in and by residents of this state, and the consequences stated happened therein. Sales of such character are expressly prohibited by statute and punishable by imprisonment in the county jail, not more than 6 months, or fine, not exceeding $100, or both. The particular sale was made with full knowledge of the dangerous character of the article.
The facts were set forth in one cause of action, grounding the claim of liability on an executed combination of wholesalers and retailers to work off to customers for use, toy pistols in violation of the statute, and in a second cause of action, grounding the claim of liability on the article sold being to the knowledge of defendants inherently dangerous.
There was a general demurrer to the complaint by Weimann & Muench which was overruled. They appealed.Olin & Butler, for appellants.
Elmore T. Elver, for respondent.
MARSHALL, J. (after stating the facts as above).
The appeal presents for solution this question: In case of an article being regarded by the lawmaking power so inherently dangerous to human safety that the public welfare requires the sale thereof in this state to be prohibited, and the same is by written law so dealt with; violations of the statute being made criminal and subject to severe punishment, and of a wholesaler in this state nevertheless selling such articles to another to be, or knowing that he will probably offer them for sale at retail herein, and of such articles being so offered, in consequence of which one is purchased by a person who in using it is injured and loses his life through the danger the law was designed to prevent--does a cause of action thereby accrue to the personal representative of the deceased for the benefit of those entitled under the law to compensation for damages caused to them by such premature death?
The question, it will be noted, is carefully fenced about so as to be accurately tested by...
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D.L. by Friederichs v. Huebner
...was neither briefed nor argued in McGarrity.12 Meehl argues that we should reject Pinoza because Pinoza relied on Pizzo v. Wiemann, 149 Wis. 235, 134 N.W. 899 (1912), which has since been held obsolete. Olson v. Ratzel, 89 Wis.2d 227, 242-43, 278 N.W.2d 238 (Ct.App.1979). Although we agree ......
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Chambers v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Company, a Corporation
... ... 531, L. R. A. 1915E, 519, 108 N.E. 830, ... 9 N. C. C. A. 552; Morrison v. Lee, 16 N.D. 377, 13 ... L.R.A.(N.S.) 650, 113 N.W. 1025; Pizzo v. Wiemann, ... 149 Wis. 235, 38 L.R.A.(N.S.) 678, 134 N.W. 899, Ann. Cas ... 1913C, 803, 3 N. C. C. A. 149; Pittsburgh, C. C. & St. L ... R ... ...
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Bonnell v. Chi., St. P., M. & O. Ry. Co.
...of the jury. The answer to this question was equivalent to a finding of negligence on the part of defendant. Pizzo v. Wiemann, 149 Wis. 235, 134 N. W. 899, 38 L. R. A. (N. S.) 678, Ann. Cas. 1913C, 803;Leora v. Ry. Co., 146 N. W. 520;Willette v. Rhinelander Paper Co., 145 Wis. 537, 130 N. W......
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Olson v. Ratzel, 77-637
...of Torts § 288(b) (1965). See also § 288, Comments b & c. But see Coffey v. City of Milwaukee, supra note 18.22 Pizzo v. Wiemann, 149 Wis. 235, 134 N.W. 899 (1912).23 § 4397a, Stats. (1898) has been incorporated into § 167.10(6), Stats.24 § 895.045, Stats.; Ch. 242, Laws of 1931.25 Osborne ......