AYALA v. FARMERS MUT. AUTOMOBILE INS. CO.


272 Wis. 629 (1956)

AYALA and others, Plaintiffs, vs. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent: WESTERN CASUALTY & SURETY COMPANY and another, Defendants and Appellants. [Two cases.]

Supreme Court of Wisconsin.

May 1, 1956.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank L. Morrow of Eau Claire.

For the respondent there was a brief by Devos & Skroch of Neillsville, and oral argument by A. L. Devos.


STEINLE, J.

The appellant, Western Casualty & Surety Company, contends that under the jury's answers to the first question of the special verdict, gross negligence was established on the part of LaVern Metcalf, and that the trial court erred in not changing the answer to subdivision (d) of question 2 relating to the item of proximate cause in connection with the finding that Metcalf was negligent with respect to operating his automobile while intoxicated. Appellant...

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