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TIMM v. RAHN

265 Wis. 280 (1953)

TIMM and another, Plaintiffs and Respondents, vs. RAHN and another, Defendants and Respondents: OHIO CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

December 1, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Gold & McCann of Milwaukee, and oral argument by Ray T. McCann.

For the respondents Arthur Timm and others there was a brief by Sydney M. Eisenberg, attorney, and Larry J. Ratzel of counsel, both of Milwaukee, and oral argument by Mr. Eisenberg.

For the respondents Warren J. Rahn and Lumbermens Mutual Casualty Company there was a brief by Kivett & Kasdorf, attorneys, and Austin W. Kivett of counsel, and oral argument by Austin W. Kivett and Nonald J. Lewis, all of Milwaukee.

BROWN, J.

The action presented an unusual feature in that Schuenke was not made a party defendant, possibly because he was about to be taken into military service. A few days before he was to go, a deposition to perpetuate his testimony was taken at the instance of the plaintiffs. Counsel for the appellant, Ohio Casualty Insurance Company, represented their client at that proceeding. Appellant's first assignment states that the trial court committed reversible error...

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