JACOBS v. GENERAL ACC. FIRE & LIFE ASSUR. CORP.


14 Wis.2d 1 (1961)

JACOBS, by Guardian ad litem, and another, Plaintiffs and Respondents, v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., and another, Defendants and Respondents: PICKINS, Impleaded Defendant and Respondent: BADGER MUTUAL INSURANCE COMPANY and another, Defendants and Appellants. TOLIVER, by Guardian ad litem, and another, Plaintiffs and Respondents, v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., and another, Defendants and Respondents: BADGER MUTUAL INSURANCE COMPANY and another, Defendants and Appellants: PICKINS, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

June 6, 1961.


Attorney(s) appearing for the Case

For the appellants there was a brief by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and Ellis R. Herbon and Peter W. Bunde of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For the respondents there was a brief by Arnold, Philipp, Murray & O'Neill, attorneys, and James P. O'Neill of counsel, all of Milwaukee, and oral argument by James P. O'Neill.


FAIRCHILD, J.

Presumably plaintiffs will attempt to establish that negligence of Flood was a cause of the minor plaintiffs' injuries as alleged. If successful, plaintiffs will be entitled to judgment, against appellants, for their damages, reduced by one half by virtue of the provisions of the releases given to respondents Hooker and his insurer. (No contributory negligence was alleged.) In that event, appellants will not have to pay any more than if respondents had...

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