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DE BONVILLE v. TRAVELERS INS. CO.

7 Wis.2d 255 (1959)

DE BONVILLE, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

May 5, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Riley & Wahl of Eau Claire, and oral argument by Victor T. Wahl.

For the respondent there was a brief by Ramsdell, King, Carroll & Barland of Eau Claire, and oral argument by George Y. King.

BROWN, J.

The power of the courts under the summary-judgment statute (sec. 270.635) is drastic and should be applied only when it is perfectly plain that there is no substantial issue to be tried. Ryan v. Berger (1949), 256 Wis. 281, 40 N.W.2d 501. Summary judgment should be granted only when there is no substantial issue of fact or of permissible inference from undisputed facts to be tried. Braun v. Jewett (1957), 1 Wis.2d 531

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