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DAHLKE v. ROEDER

14 Wis.2d 582 (1961)

DAHLKE, Plaintiff and Respondent, v. ROEDER and another, Defendants and Respondents: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

October 31, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Smith, Puchner, Tinkham & Smith, attorneys, and John E. Bliss of counsel, all of Wausau, and oral argument by Mr. Richard P. Tinkham and Mr. Bliss.

For the respondent Marvin Dahlke there was a brief by Crooks & Crooks of Wausau, and oral argument by Leo D. Crooks.

For the respondents June Roeder and State Farm Mutual Automobile Insurance Company there was a brief by Schmitt, Wurster & Tinglum of Merrill, and oral argument by Leonard F. Schmitt.

HALLOWS, J.

The appellant raises several issues involving the admission and exclusion of evidence, the instructions, the rebuttal argument, and the proration of damages between the two insurance policies, but the more-important and decisive issue is whether there is evidence to sustain the verdict that June Roeder had permission to use the car at the time of the accident so as to become an additional insured under the omnibus...

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