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VEN ROOY v. FARMERS MUT. AUTOMOBILE INS. CO.

5 Wis.2d 374 (1958)

VEN ROOY and another, Appellants, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. KOLESKE and another, Appellants, v. SAME, Respondent.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by Nikolay, Jensen & Scott of Abbotsford, and oral argument by John J. Nikolay and Corliss v. Jensen.

For the respondent there was a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and Paul D. Hilton of counsel, all of Wausau, and oral argument by Herbert L. Terwilliger.

HALLOWS, J.

The main issue raised by this appeal is the question of the assumption of risk by the plaintiffs. As a general rule before a guest can be held to have assumed the risk of his host's negligence the evidence must show three factors, to wit: (1) The hazard or danger inconsistent with the safety of the guest; (2) knowledge and appreciation of the hazard by the guest, and (3) acquiescence or a willingness to proceed in the face of danger. Prunty v. Vandenberg...

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