Reque v. Milwaukee & Suburban Transportation Corp.

Supreme Court of Wisconsin · 1959 · Torts

7 Wis. 2d 111 (1959)

Updated July 19, 2026

TortsNegligencePleadingCausationNegligence per sedemurrercomplaint sufficiencyproximate cause

Facts

The complaint alleged that the plaintiff fell while alighting from the center door of the defendant's bus. It alleged that the bus operator negligently parked the bus at an excess distance from the curb, making it impossible for her to step directly from the bus to the curb and causing her to fall into the street between the door and the curb. The complaint did not allege any additional factual condition, such as a pavement defect or collision-related event, explaining how the bus's position caused the fall. The plaintiff relied on the asserted improper distance from the curb as the basis of negligence.

Issue

Did the complaint state a cause of action by alleging that the bus operator parked too far from the curb and that this caused the plaintiff to fall while alighting? Relatedly, did the alleged violation of the parking statute constitute negligence per se toward this passenger?

Rule

To state a negligence claim, a complaint must allege the action or nonaction relied on and all facts necessary to render that conduct proximately causal; a bare allegation that defendant's negligence caused the injury is only a conclusion of law and is not admitted by demurrer. A statutory violation is not negligence per se unless the statute was intended to protect the plaintiff's class against the kind of hazard and harm that occurred.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Madison, Nora Velasquez sued Lakefront Transit Services after she fell while stepping off one of its buses. Her complaint alleged that the driver stopped "an excessive distance from the curb," that Nora could not step directly onto the sidewalk, and that the driver's negligence "directly and proximately caused" her fall into the street.

If the bus company files a demurrer for failure to state a cause of action, how should the court rule?

Explanation. A negligence complaint must allege the action or nonaction relied on and all facts necessary to render that conduct proximately causal. A bare statement that the driver's negligence "directly and proximately caused" the fall is a conclusion of law, not a factual allegation admitted by demurrer. Alleging only that the bus stopped too far from the curb and that the passenger fell is insufficient without some further fact connecting the stopping position to the injury.