895.045 Annotation
Enforceable Exculpatory Agreements. Pendleton. Wis. Law. Nov. 1997.
895.045 Annotation
Wisconsin's Comparative Negligence Statute: Applying It to Products Liability Cases Brought under a Strict Liability Theory. Pless. Wis. Law. Aug. 1998.
895.048
895.048
Recovery by auto or motorboat owner limited. The owner of a motor vehicle or motorboat which, while being operated by the spouse or minor child of such owner, is damaged as the result of an accident involving another vehicle or boat, may not recover from the owner or operator of such other vehicle or boat for such damages, if the negligence of such spouse or minor child exceeds that of the operator of such other vehicle or boat. In the event that it is judicially determined that a spouse or minor operator of the motor vehicle or motorboat is found to be guilty of less than 50% of the causal negligence involved in an accident, then in that event the owner of the motor vehicle or motorboat involved shall be entitled to recover in accordance with the contributory negligence principles as laid down in
s. 895.045. For the purposes of recovery of damages by the owner under
s. 895.048, and for this purpose only, the negligence of the spouse or minor operator shall be imputed to the owner.
895.05
895.05
Damages in actions for libel. 895.05(1)
(1) The proprietor, publisher, editor, writer or reporter upon any newspaper published in this state shall not be liable in any civil action for libel for the publication in such newspaper of a true and fair report of any judicial, legislative or other public official proceeding authorized by law or of any public statement, speech, argument or debate in the course of such proceeding. This section shall not be construed to exempt any such proprietor, publisher, editor, writer or reporter from liability for any libelous matter contained in any headline or headings to any such report, or to libelous remarks or comments added or interpolated in any such report or made and published concerning the same, which remarks or comments were not uttered by the person libeled or spoken concerning the person libeled in the course of such proceeding by some other person.
895.05(2)
(2) Before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those alleged to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter. Such opportunity shall be given by notice in writing specifying the article and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty. The first issue published after the expiration of one week from the receipt of such notice shall be within a reasonable time for correction. To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction shall constitute a correction; otherwise the publication of the libeled person's statement of the true facts, or so much thereof as shall not be libelous of another, scurrilous, or otherwise improper for publication, published as the libeled person's statement, shall constitute a correction within the meaning of this section. A correction, timely published, without comment, in a position and type as prominent as the alleged libel, shall constitute a defense against the recovery of any damages except actual damages, as well as being competent and material in mitigation of actual damages to the extent the correction published does so mitigate them.
895.05 History
History: 1993 a. 486.
895.05 Annotation
One who contributes nondefamatory photograph of plaintiff to newspaper to accompany defamatory article is not liable, absent knowledge or control of article. Westby v. Madison Newspapers, Inc. 81 W (2d) 1, 259 NW (2d) 691.
895.05 Annotation
Newscaster did not act with knowledge of falsity or with reckless disregard for truth by broadcasting that plaintiff had been charged with crime where newscaster was told by deputy sheriff that charges would be filed. Prahl v. Brosamle, 98 W (2d) 130, 295 NW (2d) 768 (Ct. App. 1980).
895.05 Annotation
Contract printer had no reason to know of libel and so was entitled to summary judgment. Maynard v. Port Publications, Inc. 98 W (2d) 555, 297 NW (2d) 500 (1980).
895.05 Annotation
Sub. (2) applies to non-media defendants but relates only to libelous publications in print media, not broadcast media. Hucko v. Jos. Schlitz Brewing Co. 100 W (2d) 372, 302 NW (2d) 68 (Ct. App. 1981).
895.05 Annotation
Trial court properly dismissed defamation claim based on letter by medical director charging that foundation conducted sham nonprofit operation since director established defense of truth. Fields Foundation, Ltd. v. Christensen, 103 W (2d) 465, 309 NW (2d) 125 (Ct. App. 1981).
895.05 Annotation
See note to Art. I, sec. 3, citing Denny v. Mertz, 106 W (2d) 636, 318 NW (2d) 141 (1982).
895.05 Annotation
Where former legislator who had gained notoriety within district while in office was allegedly defamed in radio broadcast localized within former district, former legislator was "public figure" for purpose of defamation action. Lewis v. Coursolle Broadcasting, 127 W (2d) 105, 377 NW (2d) 166 (1985).
895.05 Annotation
A computer bulletin board is not a periodical and not subject to sub. (2). It's In the Cards, Inc. v. Fuschetto, 193 W (2d) 429, 535 NW (2d) 11 (Ct. App. 1995).
895.05 Annotation
Where a defamation plaintiff is a public figure there must be proof of actual malice. The deliberate choice of one interpretation of a number of possible interpretations does not create a jury issue of actual malice. The selective destruction by a defendant of materials likely to be relevant to defamation litigation allows an inference that the materials would have provided evidence of actual malice, but the inference is of little weight when uncontroverted testimony makes the malice assertion a remote possibility. Torgerson v. Journal/Sentinel, Inc. 210 W (2d) 525, 563 NW (2d) 472 (1997).
895.05 Annotation
Publishers' privileges and liabilities regarding libel discussed. Gertz v. Robert Welch, Inc. 418 US 323.
895.05 Annotation
Public figure who sues media companies for libel may inquire into editorial processes of those responsible where proof of "actual malice" is required for recovery. Herbert v. Lando, 441 US 153 (1979).
895.05 Annotation
"Public figure" principle in libel cases discussed. Wolston v. Reader's Digest Assn., Inc. 443 US 157 (1979).
895.05 Annotation
Where wire services' accounts of judge's remarks were substantially accurate, defamation suit by judge was barred under (1). Simonson v. United Press Intern., Inc. 500 F Supp 1261 (1980).
895.05 Annotation
Defamation law of Wisconsin. Brody, 65 MLR 505 (1982).
895.05 Annotation
The "public interest or concern" test: Have we resurrected a standard that should have remained in the graveyard? 70 MLR 647 (1987).
895.052
895.052
Defamation by radio and television. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employes of any such owner, licensee or operator, shall not be liable in damages for any defamatory statement published or uttered in, or as a part of, a visual or sound broadcast by a candidate for political office in those instances in which, under the acts of congress or the rules and regulations of the federal communications commission, the broadcasting station or network is prohibited from censoring the script of the broadcast.
895.055
895.055
Gaming contracts void. 895.055(1)
(1) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, conveyances or other securities, where the whole or any part of the consideration of the promise, agreement, note, bill, bond, mortgage, conveyance or other security shall be for money or other valuable thing whatsoever won or lost, laid or staked, or betted at or upon any game of any kind or under any name whatsoever, or by any means, or upon any race, fight, sport or pastime, or any wager, or for the repayment of money or other thing of value, lent or advanced at the time and for the purpose, of any game, play, bet or wager, or of being laid, staked, betted or wagered thereon shall be void.
895.055(2)
(2) This section does not apply to contracts of insurance made in good faith for the security or indemnity of the party insured.
895.055(3)
(3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under
chs. 562 to
569 or under state or federal laws relating to the conduct of gaming on Indian lands.
895.055 Annotation
Puerto Rican judgment based on gambling debt was entitled to full faith and credit in Wisconsin. Conquistador Hotel Corp. v. Fortino, 99 W (2d) 16, 298 NW (2d) 236 (Ct. App. 1980).
895.056
895.056
Recovery of money wagered. 895.056(1)(a)
(a) "Property" means any money, property or thing in action.
895.056(1)(b)
(b) "Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person, or shall have lost and delivered any property to any winner thereof.
895.056(2)(a)(a) A wagerer may, within 3 months after putting up, staking or depositing property with a stakeholder or 3rd person, sue for and recover the property from the stakeholder or 3rd person whether the property has been lost or won or whether it has been delivered over by the stakeholder or 3rd person to the winner.
895.056(2)(b)
(b) A wagerer may, within 6 months after any delivery by the wagerer or the stakeholder of the property put up, staked or deposited, sue for and recover the property from the winner thereof if the property has been delivered over to the winner.
895.056(3)
(3) If the wagerer does not sue for and recover the property, which was put up, staked or deposited, within the time specified under
sub. (1), any other person may, in the person's behalf and the person's name, sue for and recover the property for the use and benefit of the wagerer's family or heirs, in case of the wagerer's death. The suit may be brought against and property recovered from any of the following:
895.056(3)(a)
(a) The stakeholder or a 3rd person if the property is still held by the stakeholder or 3rd person, within 6 months after the putting up, staking or depositing of the property.
895.056(3)(b)
(b) The winner of the property, within one year from the delivery of the property to the winner.
895.056(4)
(4) This section does not apply to any property that is permitted to be played, bet or wagered under
chs. 562 to
569 or under state or federal laws relating to the conduct of gaming on Indian lands.
895.057
895.057
Action against judicial officer for loss caused by misconduct. Any judicial officer who causes to be brought in a court over which the judicial officer presides any action or proceeding upon a claim placed in the judicial officer's hands as agent or attorney for collection shall be liable in a civil action to the person against whom such action or proceeding was brought for the full amount of damages and costs recovered on such claim.
895.057 History
History: 1993 a. 486.
895.06
895.06
Recovery of divisible personalty. When personal property is divisible and owned by tenants in common and one tenant in common shall claim and hold possession of more than the tenant's share or proportion thereof his or her cotenant, after making a demand in writing, may sue for and recover the cotenant's share or the value thereof. The court may direct the jury, if necessary, in any such action to find what specific articles or what share or interest belongs to the respective parties, and the court shall enter up judgment in form for one or both of the parties against the other, according to the verdict.
895.06 History
History: 1993 a. 486.
895.14
895.14
Tenders of money and property. 895.14(1)
(1)
Tender may be pleaded. The payment or tender of payment of the whole sum due on any contract for the payment of money, although made after the money has become due and payable, may be pleaded to an action subsequently brought in like manner and with the like effect as if such tender or payment had been made at the time prescribed in the contract.
895.14(2)
(2) Tender after action commenced. A tender may be made after an action is brought on the contract of the whole sum then due, plus legal costs of suit incurred up to the time, at any time before the action is called for trial. The tender may be made to the plaintiff or attorney, and if not accepted the defendant may plead the same by answer or supplemental answer, in like manner as if it had been made before the commencement of the action, bringing into court the money so tendered for costs as well as for debt or damages.
895.14(3)
(3) Proceedings on acceptance of tender. If the tender is accepted the plaintiff or attorney shall, at the request of the defendant, sign a stipulation of discontinuance of the action for that reason and shall deliver it to the defendant; and also a certificate or notice thereof to the officer who has any process against the defendant, if requested. If costs are incurred for any service made by the officer after the tender is accepted and before the officer receives notice of the acceptance, the defendant shall pay the costs to the officer or the tender is invalid.
895.14(4)
(4) Involuntary trespass. A tender may be made in all cases of involuntary trespass before action is commenced. When in the opinion of the court or jury a sufficient amount was tendered to the party injured, agent or attorney for the trespass complained of, judgment shall be entered against the plaintiff for costs if the defendant kept the tender good by paying the money into court at the trial for the use of the plaintiff.
895.14(5)
(5) Payment into court of tender; record of deposits. 895.14(5)(a)(a) When tender of payment in full is made and pleaded, the defendant shall pay the tender in full into court before the trial of the action is commenced and notify the opposite party in writing, or be deprived of all benefit of the tender. When the sum tendered and paid into court is sufficient, the defendant shall recover the taxable costs of the action, if the tender was prior to the commencement of the action. The defendant shall recover taxable costs from the time of the tender, if the tender was after suit commenced.
895.14(5)(b)
(b) When any party, pursuant to an order or to law, deposits any money or property with the clerk of court, the clerk shall record the deposit in the minute record describing the money or property and stating the date of the deposit, by whom made, under what order or for what purpose and shall deliver a certificate of these facts to the depositor, with the volume and page of the record endorsed on the certificate.
895.14 History
History: 1981 c. 67;
1983 a. 192 ss.
274 to
279;
1983 a. 302 s.
8; Stats. 1983 s. 895.14.
895.20
895.20
Legal holidays. January 1, January 15, the 3rd Monday in February (which shall be the day of celebration for February 12 and 22), the last Monday in May (which shall be the day of celebration for May 30), July 4, the 1st Monday in September which shall be known as Labor day, the 2nd Monday in October, November 11, the 4th Thursday in November (which shall be the day of celebration for Thanksgiving), December 25, the day of holding the September primary election, and the day of holding the general election in November are legal holidays. On Good Friday the period from 11 a.m. to 3 p.m. shall uniformly be observed for the purpose of worship. In every 1st class city the day of holding any municipal election is a legal holiday, and in every such city the afternoon of each day upon which a primary election is held for the nomination of candidates for city offices is a half holiday and in counties having a population of 500,000 or more the county board may by ordinance provide that all county employes shall have a half holiday on the day of such primary election and a holiday on the day of such municipal election, and that employes whose duties require that they work on such days be given equivalent time off on other days. Whenever any of said days falls on Sunday, the succeeding Monday shall be the legal holiday.
895.20 History
History: 1971 c. 226;
1973 c. 140,
333;
1977 c. 187 s.
96; Stats. 1977 s. 757.17;
1983 a. 7;
1983 a. 192 s.
257; Stats. 1983 s. 895.20.
895.22
895.22
Wisconsin family month, week and Sunday. The month of November, in which the celebration of Thanksgiving occurs, is designated as Wisconsin Family Month, the first 7 days of that month are designated as Wisconsin Family Week and the first Sunday of that month is designated as Family Sunday. In conjunction therewith, appropriate observances, ceremonies, exercises and activities may be held under state auspices to focus attention on the principles of family responsibility to spouses, children and parents, as well as on the importance of the stability of marriage and the home for our future well-being; and the chief officials of local governments and the people of the state are invited either to join and participate therein or to conduct like observances in their respective localities.
895.22 History
History: 1973 c. 333;
1977 c. 187 s.
96; Stats. 1977 s. 757.171;
1983 a. 192 s.
258; Stats. 1983 s. 895.22;
1987 a. 27.
895.23
895.23
Indian Rights Day. July 4 is designated as "Indian Rights Day," and in conjunction with the celebration of Independence Day, appropriate exercises or celebrations may be held in commemoration of the granting by congress of home rule and a bill of rights to the American Indians. When July 4 falls on Sunday, exercises or celebrations of Indian Rights Day may be held on either the third or the fifth.
895.23 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.175;
1983 a. 192 s.
259; Stats. 1983 s. 895.23.
895.28
895.28
Remedies not merged. When the violation of a right admits of both a civil and criminal remedy the right to prosecute the one is not merged in the other.
895.33
895.33
Limitation of surety's liability. Any person may limit the amount of liability as a surety upon any bond or other obligation required by law or ordered by any court, judge, municipal judge or public official for any purpose. The amount of the limited liability may be recited in the body of the bond or stated in the justification of the surety. In an action brought upon the bond, no judgment may be recovered against the surety for a sum larger than the amount of the liability stated, together with the proportional share of the costs of the action. In an action brought on the bond, a surety may deposit in court the amount of the liability, whereupon the surety shall be discharged and released from any further liability under the bond.
895.33 History
History: 1979 c. 110 s.
60 (11);
1985 a. 332.
895.34
895.34
Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time.
895.34 History
History: 1977 c. 305.
895.34 Annotation
A precondition for this section to apply is that the bond must at one time have been sufficient. Bruer v. Town of Addison, 194 W (2d) 617, 534 NW (2d) 634 (Ct. App. 1995).
895.345
895.345
Justification of individual sureties. 895.345(1)
(1) This section shall apply to any bond or undertaking in an amount of more than $1,000 whereon individuals are offered as sureties, which is authorized or required by any provision of the statutes to be given or furnished in or in connection with any civil action or proceeding in any court of record in this state, in connection with which bond or undertaking real property is offered as security.
895.345(2)
(2) Before any such bond or undertaking shall be approved, there shall be attached thereto and made a part of such bond or undertaking a statement under oath in duplicate by the surety that the surety is the sole owner of the property offered by the surety as security and containing the following additional information:
895.345(2)(c)
(c) An accurate description by lot and block number, if part of a recorded plat, or by metes and bounds of the real estate offered as security.
895.345(2)(d)
(d) A statement that none of the properties offered constitute the homestead of the surety.
895.345(2)(e)
(e) A statement of the total amount of the liens, unpaid taxes and other encumbrances against each property offered.
895.345(2)(f)
(f) A statement as to the assessed value of each property offered, its market value and the value of the equity over and above all encumbrances, liens and unpaid taxes.
895.345(2)(g)
(g) That the equity of the real property is equal to twice the penalty of the bond or undertaking.
895.345(3)
(3) This sworn statement shall be in addition to and notwithstanding other affidavits or statements of justification required or provided for elsewhere in the statutes in connection with such bonds and undertakings.
895.345 History
History: 1993 a. 486.
895.345 Cross-reference
Cross-reference: This section does not apply to bonds of personal representatives. See s.
856.25.
895.346
895.346
Bail, deposit in lieu of bond. When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit in an amount at least equal to the required security; and the receiver thereof shall give a receipt therefor and shall notify the payor bank of any deposits of bank certificates of deposit.
Section 808.07 shall govern the procedure so far as applicable.
895.346 History
History: Sup. Ct. Order, 67 W (2d) 585, 784 (1975);
1977 c. 187 s.
135.
895.346 Annotation
This section applies to all bonds, not just bail bonds. Aiello v. Village of Pleasant Prairie, 206 W (2d) 67, 556 NW (2d) 697 (1996).
895.35
895.35
Expenses in actions against municipal and other officers. Whenever in any city, town, village, school district, technical college district or county charges of any kind are filed or an action is brought against any officer thereof in the officer's official capacity, or to subject any such officer, whether or not the officer is being compensated on a salary basis, to a personal liability growing out of the performance of official duties, and such charges or such action is discontinued or dismissed or such matter is determined favorably to such officer, or such officer is reinstated, or in case such officer, without fault on the officer's part, is subjected to a personal liability as aforesaid, such city, town, village, school district, technical college district or county may pay all reasonable expenses which such officer necessarily expended by reason thereof. Such expenses may likewise be paid, even though decided adversely to such officer, where it appears from the certificate of the trial judge that the action involved the constitutionality of a statute, not theretofore construed, relating to the performance of the official duties of said officer.
895.35 History
History: 1971 c. 154;
1993 a. 399,
486.
895.35 Annotation
County has option to refuse payment of sheriff's criminal defense attorney's fees. Bablitch & Bablitch v. Lincoln County, 82 W (2d) 574, 263 NW (2d) 218.
895.35 Annotation
A city may reimburse a commissioner of the city redevelopment authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the common council to be unsupported. Such reimbursement is discretionary. The city redevelopment authority lacks statutory authority to authorize reimbursement for such legal expenses. 63 Atty. Gen. 421.
895.35 Annotation
A city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the open meeting law, but cannot reimburse the member for any forfeiture imposed. 66 Atty. Gen. 226.
895.35 Annotation
This section applies to criminal charges brought against former officer for alleged fraudulent filing of expense vouchers.
71 Atty. Gen. 4.
895.35 Annotation
Sections 895.35 and 895.46 apply to actions for open meetings law violations to the same extent they apply to other actions against public officers and employes, except that public officials cannot be reimbursed for forfeitures they are ordered to pay for violating open meetings law.
77 Atty. Gen. 177.
