Conklin v. Horner

157 N.W.2d 579 (1968)

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Conklin v. Horner

Wisconsin Supreme Court
157 N.W.2d 579 (1968)

Facts

Illinois citizens Robert Conklin and Russell Thurlby (plaintiffs) were passengers in a car that was owned and operated by Illinois citizen J. C. Horner (defendant). The car was insured under an Illinois liability policy. The parties’ trip commenced and was meant to terminate in Illinois, but, while in Wisconsin, the car crashed into a tree. Conklin and Thurlby sued Horner in Wisconsin state court in connection with the accident. Horner pleaded as an affirmative defense that Illinois’s guest law should apply to Conklin and Thurlby’s suit. Under Illinois’s guest law, a host could be held liable only if the host’s conduct was willful and wanton; host liability could not be predicated on mere negligence. By contrast, Wisconsin law provided hosts with no special protection. Conklin and Thurlby filed demurrers to Horner’s affirmative defense. The circuit court sustained the demurrers, ruling that Wisconsin rather than Illinois law applied. Horner appealed.

Rule of Law

Issue

Holding and Reasoning (Heffernan, J.)

Dissent (Hallows, C.J.)

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