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CLEMENTS v. MUTUAL SERVICE CASUALTY INS. CO.

13 Wis.2d 549 (1961)

CLEMENTS, Plaintiff and Respondent, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant and Respondent: BROWNE, Defendant and Appellant.

Supreme Court of Wisconsin.

May 2, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Thomas P. Maroney, attorney, and Anthony W. Schiro of counsel, both of Milwaukee.

For the respondent Clements there was a brief by Irving D. Gaines and Kivett & Kasdorf, attorneys, and A. W. Kivett and John M. Swietlik of counsel, all of Milwaukee, and oral argument by Mr. Gaines and Mr. A. W. Kivett.

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

MARTIN, C. J.

According to the pleadings, the accident happened on May 21, 1958, when the Browne automobile, being driven easterly on the Beloit road near the intersection of One Hundred Thirtieth street, left the road and struck a tree.

No bill of exceptions is before the court on this appeal. In the trial court's oral decision on motions after verdict it is stated that the evidence showed plaintiff, Browne, and Carolyn Seeley (now Clements, wife of the plaintiff...

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