KOWALKE v. FARMERS MUT. AUTOMOBILE INS. CO.


3 Wis.2d 389 (1958)

KOWALKE, Respondent, vs. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

February 28, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Langer & Cross of Baraboo, and oral argument by Clyde C. Cross.

For the respondent there was a brief and oral argument by Vaughn S. Conway and Kenneth H. Conway, both of Baraboo.


STEINLE, J.

It is the contention of the defendant (1) that since the verdict established that the deflation of the tire was a cause of the accident, and that the host-driver did not and could not in the exercise of ordinary care know of the defect which caused such deflation, a further finding by the jury that the host was causally negligent as to management and control was immaterial, and judgment could not properly be predicated thereon; (2) in the alternative,...

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