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WIEDENHAUPT v. VAN DER LOOP

5 Wis.2d 311 (1958)

WIEDENHAUPT, Plaintiff and Respondent, v. VAN DER LOOP and another, Defendants: MUTUAL AUTOMOBILE INSURANCE COMPANY OF WISCONSIN, Defendant and Appellant.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Holden & Schlosser of Sheboygan, and oral argument by Wayne W. Schlosser.

For the respondent there was a brief by Sigman, Sigman & Shiff of Appleton, and oral argument by Abraham Sigman.

For the defendants there was oral argument by John W. Poole of Sheboygan, and by Robert W. Lutz of Chilton.

HALLOWS, J.

The question presented on this appeal is whether the cause of action is one for damages caused by the negligent operation, management, or control of a motor vehicle within the meaning of those terms as used in sec. 260.11, Stats. While the pleadings and the affidavits in support and in opposition to the motion for summary judgment raise questions of fact they are not material to the issue before us. Such issues of fact pertain to the liability of the appellant...

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