BUCK v. HOME MUT. CASUALTY CO.


258 Wis. 538 (1951)

BUCK and another, Plaintiffs and Respondents, vs. HOME MUTUAL CASUALTY COMPANY, Defendant and Appellant: PAULSON and another, Defendants and Respondents.

Supreme Court of Wisconsin.

March 6, 1951.


Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz & Spanagel of Appleton, and oral argument by Edward J. Byrne.

For the respondent Marcella Wendler Buck there was a brief by Arnold Cane of Menasha, attorney, and O'Leary, Joyce & Remley of Neenah of counsel, and for the respondent Hardware Mutual Casualty Company by Bradford, Derber & Gabert of Appleton.

For the respondent Archie Paulson there was a brief by Mayhew Mott and Howard E. Bloom, both of Neenah, attorneys, and Walter D. Corrigan, Sr., and Thomas M. Corrigan, both of Milwaukee, of counsel, and oral argument by Mr. Walter D. Corrigan, Sr., Mr. Mott, and Mr. Bloom.


FRITZ, C. J.

The facts material to this appeal are as follows: On February 28, 1945, a truck owned by Alf Paulson was borrowed by his neighbor, Carl Schueler,—a cheesemaker whose truck had broken down,—to collect milk from farmers. Because Alf Paulson's truck had just been repaired he wanted his son Archie,—who had not been an employee of Schueler,—to drive the truck. Archie drove to Schueler's cheese factory to pick up Schueler's employee...

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