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MEYER v. MUTUAL SERVICE CASUALTY INS. CO.

13 Wis.2d 156 (1961)

MEYER, by Guardian ad litem, and another, Plaintiffs, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY and another, Defendants and Respondents: HERMAN MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

March 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cape & Schellinger, attorneys, and Stanley F. Schellinger of counsel, all of Milwaukee, and oral argument by Stanley F. Schellinger.

For the respondents Meyer there was a brief by Silverstein, Warshafsky & Rotter of Milwaukee, and oral argument by Robert Silverstein.

For the respondents Mutual Service Casualty Insurance Company and Ronald Meidl there was a brief by Hayes & Hayes of Milwaukee, and oral argument by Hanlin J. Hayes.

HALLOWS, J.

On this appeal, two questions are raised: (1) Did the court err in directing a verdict for Meidl and his insurer absolving Meidl from negligence under the emergency doctrine, and (2) did the court err in not admitting in evidence a written statement taken by an employee of the Herman Mutual Insurance Company from Johnson?

A review of the pertinent facts is necessary. Highway 41 at the point of impact...

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