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RITTERBUSCH v. SEXMITH

256 Wis. 507 (1950)

RITTERBUSCH, Administratrix, Respondent, vs. SEXMITH and others, Defendants: ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY, Appellant, and three other cases.

Supreme Court of Wisconsin.

March 7, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by Dougherty, Arnold & Waters of Milwaukee, attorneys, and Hippenmeyer & Callow of Waukesha of counsel, and oral argument by Suel O. Arnold and Wm. G. Callow.

For the respondent there was a brief by Lowry, Hunter & Frame and Austin J. Baird, all of Waukesha, and oral argument by Richard N. Hunter.

BROWN, J.

All the actions, at this stage of the proceedings, present the same undisputed facts and the same issues and we will speak as though there was a single plaintiff and the defendants were the assured and his insurer. The question involved is accurately stated in respondent's brief as follows:

"Does section 260.11 (1), Wisconsin statutes, relating to joinder of an insurance company as a party defendant in an...

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