(concurring). Racing upon a highway was made illegal by the legislature. Sec. 346.94 (2), Stats. If racing is to be relied upon as a basis for negligence, the pleadings must allege such claim. Giemza v. Allied American Mut. Fire Ins. Co. (1960), 10 Wis. (2d) 555, 560, 103 N. W. (2d) 538, 106 N. W. (2d) 609. The legislature has not, however, proscribed two drivers from going to a prearranged place, but this court in a case in which the issue was not pleaded nevertheless now announces a rule which declares that one driver who speeds to a common destination with another may be charge*136able with the latter’s negligence and be found equally at fault as a matter of law.
I agree that the judgment should be affirmed; under the “great weight and clear preponderance of the evidence” rule, the finding of the trial court that Mr. Laufenberg and Mr. Avina were equally negligent is entirely sustainable. However, the majority opinion adopts a new and debatable concept of equal negligence for “tandem drivers” which I believe to be unnecessary to this decision.
I am authorized to state that Mr. Justice Heffernan joins in this concurring opinion.