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VOSS v. METROPOLITAN CASUALTY INS. CO.

266 Wis. 150 (1954)

VOSS, Respondent, vs. METROPOLITAN CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

March 2, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Bendinger, Hayes & Kluwin of Milwaukee, and oral argument by Gerald Hayes, Jr.

For the respondent there was a brief and oral argument by Thomas P. Maroney of Milwaukee.

STEINLE, J.

Otis J. Voss, husband of the plaintiff, was not a party to the action nor was he an assignor, officer, agent, or employee of the defendant carrier. The trial court permitted Voss to be examined as an adverse witness on the basis that he was a person for whose immediate benefit the action was being defended.

Sec. 325.14 (1), Stats., reads in part:

"Any party or any person for whose immediate benefit any civil action or proceeding is prosecuted...

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