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SCHWENKHOFF v. FARMERS MUT. AUTOMOBILE INS. CO.

6 Wis.2d 44 (1959)

SCHWENKHOFF, by Guardian ad litem, Appellant, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

January 2, 1959.

Attorney(s) appearing for the Case

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

For the respondents there was a brief by Langer & Cross of Baraboo, joined in by James R. Seering, district attorney of Sauk county, and oral argument by Mr. Clyde C. Cross and Mr. Seering.

BROADFOOT, J.

In Wick v. Wick (1927), 192 Wis. 260, 212 N. W. 787, this court determined that an unemancipated minor cannot maintain an action in tort against its parent for personal injury sustained in an automobile accident due to the negligence of the parent. That rule has been consistently followed in this state since that time.

Appellant contends (1) that the rule in the Wick Case merely forbids litigation between the child and its parent...

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