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EMPLOYERS MUT. FIRE INS. CO. v. HAUCKE

267 Wis. 72 (1954)

EMPLOYERS MUTUAL FIRE INSURANCE COMPANY, Appellant, vs. HAUCKE, Respondent.

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Clark, Rankin & Nash of Manitowoc, and oral argument by John P. Nash.

For the respondent there was a brief by R. O. Schwartz, attorney, and Cashman & Savage of counsel, all of Manitowoc, and oral argument by John C. Savage.

MARTIN, J.

The question presented is: Does the fact that the alleged negligent acts and wilful misconduct happened during the commission of a crime absolve the sponsor from liability under sec. 85.08 (9) (c), Stats.?

It is stated in the complaint that Dean Haucke stole the Ferguson automobile and wrecked it while attempting to escape capture. The allegation of theft was necessary to qualify the plaintiff as a proper party to bring this action under the subrogation...

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