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WOHLLEBEN v. HOME MUT. CASUALTY CO.

267 Wis. 68 (1954)

WOHLLEBEN, Respondent, vs. HOME MUTUAL CASUALTY COMPANY, Appellant.

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz & Spanagel of Appleton, and Lehner, Lehner & Behling and Adolph P. Lehner, all of Oconto Falls, and oral argument by Adolph P. Lehner.

For the respondent there was a brief by Ledin & Ruth of Ashland, and oral argument by James M. Ruth.

FAIRCHILD, C. J.

There can be no serious contention that the evidence did not warrant a finding that plaintiff was free from contributory negligence.

The facts which require holding the driver of the truck responsible because of his failure to exercise ordinary care may be summarized as follows: Plaintiff, her father, who was driving the truck, and the mother were on the seat of the truck. The father was at the wheel, plaintiff next, and the mother on the...

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