PAVELSKI v. ROGINSKI


1 Wis.2d 345 (1957)

PAVELSKI and another, Plaintiffs and Appellants, vs. ROGINSKI, Defendant and Appellant: GENERAL CASUALTY COMPANY OF AMERICA, Defendant and Respondent: GREAT AMERICAN INDEMNITY COMPANY OF NEW YORK, Interpleaded Defendant and Appellant. PRUST and others, Plaintiffs and Appellants, vs. SWEET and others, Defendants and Appellants: GENERAL CASUALTY COMPANY OF AMERICA, Defendant and Respondent.

Supreme Court of Wisconsin.

June 26, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief by Rhyner, Hosek & Zappen of Marshfield, for Della Pavelski, by John S. Crawford of Marshfield, for Gilbert F. Sweet, by Pors & Pors of Marshfield, for the Great American Indemnity Company of New York, by Schiro, Tusa & Schiro of Milwaukee, for Orville F. Roginski, and by Walter J. Steininger of Milwaukee, for Jerome Prust, Donald Meyer, and Larry Roginski, infants, Alvin J. Olszyk, their guardian ad litem, and Jacqueline Roginski, and oral argument by Charles M. Pors.

For the respondent there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Richard P. Tinkham.


FAIRCHILD, J.

The circuit court was of the opinion that the instant case is not distinguishable from Quin v. Hoffmann (1954), 265 Wis. 636, 62 N.W.2d 423. The appellants urge that the two cases are distinguishable because the insured in the Quin Case must have known his brother had no license permitting him to drive at night, because of his age, and the insured in the instant...

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