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VEVERKA v. METROPOLITAN CASUALTY INS. CO.

2 Wis.2d 8 (1957)

VEVERKA and another, Appellants, vs. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Respondent.

Supreme Court of Wisconsin.

November 5, 1957.

Attorney(s) appearing for the Case

For the appellants there were briefs by N. Paley Phillips, attorney, and Bertram J. Hoffman of counsel, both of Milwaukee, and oral argument by Mr. Phillips.

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

BROWN, J.

Plaintiffs' contention that the special verdict should inquire whether Donna Mae assumed the risk of the manner in which Cross operated his automobile is immaterial for two reasons: First, that the court so held as a matter of law when plaintiffs so moved after verdict; second, because Cross is not a party to the action, and any answer to the question is irrelevant to the issues. In Scory v. LaFave (1934)...

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