TILLMAN v. GREAT AMERICAN INDEMNITY CO. OF NEW YORK

No. 10881.

207 F.2d 588 (1953)

TILLMAN v. GREAT AMERICAN INDEMNITY CO. OF NEW YORK et al.

United States Court of Appeals Seventh Circuit.

October 27, 1953.


Attorney(s) appearing for the Case

Fred W. Genrich, Jr., Herbert Terwilliger, Wausau, Wis., for appellant.

John F. O'Melia, Donald C. O'Melia, A. J. O'Melia, Rhinelander, Wis., O'Melia & Kaye, Rhinelander, Wis., of counsel, for Tillman.

Leonard F. Schmitt, Merrill, Wis., Schmitt & Gullickson, Merrill, Wis., of counsel, for Koch.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.


DUFFY, Circuit Judge.

Plaintiff brought this action to recover damages for injuries she received on June 14, 1949, while riding as a guest in an automobile owned and driven by the interpleaded defendant, Albin Koch. Under Wisconsin law plaintiff could and did bring the action against the insurance company without joining the driver of the automobile as a party defendant. Secs. 85.93 and 260.11, Wis. Stats.; Elliott v. Indemnity...

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