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SCHINKE v. HARTFORD ACCIDENT & INDEMNITY CO.

10 Wis.2d 251 (1960)

SCHINKE, Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, Respondent.

Supreme Court of Wisconsin.

May 3, 1960.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of John E. Esler of Kaukauna.

For the respondent there was a brief by Hoeffel & Coughlin of Appleton, and oral argument by Harry P. Hoeffel.

CURRIE, J.

The sole issue upon this appeal is whether there is credible evidence to sustain the finding of the jury that the plaintiff guest assumed the risk of her husband's negligent speed.

In order that a guest can be held to have assumed the risk of the host's negligence the evidence must establish these three factors: (1) A hazard or danger inconsistent with the safety of the guest; (2) knowledge and appreciation...

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