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KRAUSE v. HOME MUT. INS. CO.

14 Wis.2d 666 (1961)

KRAUSE and others, Appellants, v. HOME MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

November 28, 1961.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Brazeau, Brazeau, Potter & Cole of Wisconsin Rapids.

For the respondent there was a brief by Byrne, Bubolz & Spanagel, attorneys, and William S. Pfankuch of counsel, all of Appleton, and oral argument by Edward J. Byrne.

BROADFOOT, J.

The issue to be determined is whether the plaintiffs have a cause of action for the wrongful death of their mother against the estate of their father under the allegations of the complaint. If they do, the complaint states a cause of action against the father's insurance company.

The company contends that since the father was negligent he, as the surviving spouse, could have no cause of action against himself. It is further contended that while...

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