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GEAR v. GENERAL CASUALTY INS. CO.

263 Wis. 261 (1953)

GEAR, by Special Administrator, Appellant, vs. GENERAL CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

March 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by James M. Ruth and Robert N. Ledin, both of Ashland, and oral argument by Mr. Ledin.

For the respondent there was a brief by G. Arthur Johnson, attorney, and Warren B. Foster of counsel, both of Ashland, and oral argument by Lawrence E. Hart of Madison.

BROADFOOT, J.

The plaintiff complains particularly about two statements made by the trial court in passing upon the motion. They are as follows:

"Well, in this matter here, first of all, it seems that the automobile was parked upon private property. It wasn't parked on the street or on the sidewalk; that the children there technically were trespassers; that in order to charge Rachel Olson with any heavier duties than one ordinarily owes to trespassers, you...

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