JEWELL v. SCHMIDT


1 Wis.2d 241 (1957)

JEWELL, Plaintiff and Respondent, vs. SCHMIDT and another, Defendants and Respondents: FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Defendants and Appellants. MELLEN and another, Plaintiffs, vs. SAME, Defendants and Respondents: SAME, Defendants and Appellants.

Supreme Court of Wisconsin.

June 4, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief by Langer & Cross of Baraboo, and oral argument by Clyde C. Cross and H. M. Langer.

For the respondent Martha Jewell there was a brief and oral argument by D. V. W. Beckwith of Madison.

For the respondents Sylvester Schmidt and the Mutual Automobile Insurance Company of Wisconsin there was a brief and oral argument by Frank M. Coyne of Madison.


CURRIE, J.

The three issues presented on this appeal are:

(1) Was Jewell entitled to the benefit of the emergency doctrine so as to absolve him of all causal negligence as a matter of law?

(2) If the foregoing question is answered in the negative, did Martha Jewell assume the risk of her husband's causal negligence as a matter of law?

(3) Was there sufficient proof established of a contract entered into between Martha Jewell and the clinic...

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