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MUSSELMAN v. MUTUAL AUTOMOBILE INS. CO.

266 Wis. 387 (1954)

MUSSELMAN, Appellant, vs. MUTUAL AUTOMOBILE INSURANCE COMPANY OF THE TOWN OF HERMAN, Respondent.

Supreme Court of Wisconsin.

April 6, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. Paley Phillips and Jack R. Jewell, both of Milwaukee.

For the respondent there was a brief by Puhr, Peters, Holden & Schlosser, and oral argument by Wayne W. Schlosser, all of Sheboygan.

MARTIN, J.

This case is governed by Frye v. Theige (1948), 253 Wis. 596, 34 N.W.2d 793. There, as here, the plaintiff named insured, who was riding in his own automobile driven by another with his permission, sought to recover against his insurance company for the negligence of his permittee.

Plaintiff contends, however, that the holding of the Frye Case has been overruled by the subsequent decisions...

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