My Favorite Wisconsin Cases
Where does one start?! I attempt to bring Wisconsin law into my classes for several reasons. The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam. Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach. I believe students should learn, as early as their first year with us, that is not improper for one to find fault with judicial and legislative reasoning, at times even in a humorous fashion, as long as due respect is shown.
The first of my favorites is considered in my Torts class. It is Quesenberry v. Milwaukee County, 106 Wis.2d 685, 317 N.W.2d 468 (1982). It arises in the discussion of the duties of owners and occupiers of land to those who come upon the property. It is referenced to show how, at times, state legislatures see fit to modify common law rules. The case dealt with a provision of the Wisconsin Statutes in effect at the time of an accident (then § 29.68) that barred recovery for injuries received while engaging in “recreational” activities on lands of another.