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RUDE v. LEHMAN

263 Wis. 362 (1953)

RUDE and others, Appellants, vs. LEHMAN and others, Respondents.

Supreme Court of Wisconsin.

March 3, 1953.

Attorney(s) appearing for the Case

For the appellants there were briefs by E. N. Ellingson of Cameron, attorney, and Harold T. Thorson of Rice Lake of counsel, and oral argument by George G. Blake of Madison.

For the respondents there was a brief by William A. Cameron and Howard W. Cameron, both of Rice Lake, and oral argument by William A. Cameron.

FAIRCHILD, J.

The case against Lehman and his insurer depends on whether or not Lehman gave consent, either express or implied, to the use of his truck by Buhl for the trip in the course of which the collision occurred. The jury answered that there was such consent. The learned trial court changed the answer to "No." The burden of proof rests on the appellants to establish that Lehman consented to Buhl's use of his truck...

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