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CALHOUN v. WESTERN CASUALTY & SURETY CO.

260 Wis. 34 (1951)

CALHOUN, Respondent, vs. WESTERN CASUALTY & SURETY COMPANY, Appellant.

Supreme Court of Wisconsin.

November 6, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Ramsdell, King & Carroll and Frank L. Morrow, all of Eau Claire, and oral argument by George M. Carroll.

For the respondent there was a brief by Stafford & Stafford of Chippewa Falls, and oral argument by Harold E. Stafford.

GEHL, J.

Plaintiff, Jacqueline Calhoun, was injured on February 16, 1949, as the result of the negligent operation of an automobile by her mother, Zoe Yates. Mrs. Yates was insured by defendant company which is the sole defendant in this case. It is conceded that no notice of the accident was given to defendant prior to February 16, 1950. The insurance contract contains the following provision:

"When an accident occurs, written notice shall be given by or...

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