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TWIST v. AETNA CASUALTY & SURETY CO.

275 Wis. 174 (1957)

TWIST, Plaintiff and Appellant, vs. AETNA CASUALTY & SURETY COMPANY and others, Defendants: MILWAUKEE AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

March 5, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Reiland & Schmidt of Wisconsin Rapids, and oral argument by Donald E. Reiland.

For the respondent there was a brief by Graves, Chambers & Nash of Wisconsin Rapids, and oral argument by Lloyd L. Chambers.

MARTIN, C. J.

The position of the trial court was:

"As you gentlemen all know that at the close of the testimony the defendant, Milwaukee Automobile Insurance Company, moved the court for a directed verdict dismissing the complaint as to the Milwaukee Automobile Insurance Company with costs. Also as you know at that time I was of the opinion that that motion should have been granted because the defendant, Waite, was guilty of gross negligence as a matter of...

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