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QUEEN INS. CO. OF AMERICA v. KAISER

27 Wis.2d 571 (1965)

QUEEN INSURANCE COMPANY OF AMERICA, Appellant, v. KAISER and others, d/b/a KAISER BUILDING MANAGEMENT COMPANY, Respondents.

Supreme Court of Wisconsin.

June 1, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kivett & Kasdorf, attorneys, and James G. Forester of counsel, all of Milwaukee, and oral argument by Mr. Forester.

For the respondents there was a brief by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Kenneth M. Kenney.

BEILFUSS, J.

The issue is—do the terms of the exculpatory clause of the lease exonerate the lessor from liability for damages sustained by the lessee and caused by the negligence of the lessor.

It is conceded that the plaintiff insurer cannot recover under its subrogation agreement unless its insured (tenant Bruner) had a right to recovery. Frederick v. Great Northern R. Co. (1932), 207 Wis. 234, 240 N. W. 387, 241 N. W. 363.

The legality...

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