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BODENHAGEN v. FARMERS MUT. INS. CO.

5 Wis.2d 306 (1958)

BODENHAGEN, Appellant, v. FARMERS MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

November 5, 1958.

April 6, 1959.

April 10, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief by Padway, Goldberg & Previant of Milwaukee, and oral argument by Albert J. Goldberg.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Gerald A. Flanagan and Norman C. Skogstad of counsel, all of Milwaukee, and oral argument by Mr. Flanagan.

FAIRCHILD, J.

The parties agree that the law of Illinois, where the alleged tort occurred, will determine whether the plaintiff has a cause of action against her husband. Unless she has a cause of action against him, she has none against his insurer.

In 1931 this court had before it an action by a wife against her husband for personal injury caused by a tort which occurred in Illinois prior to the marriage of the parties. Buckeye v. Buckeye (1931),...

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