RICE v. GRUETZMACHER


30 Wis.2d 222 (1966)

RICE, Plaintiff and Appellant, v. GRUETZMACHER and others, Defendants: MARYLAND CASUALTY COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

March 1, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Walter J. Steininger, attorney, and Thomas P. Maroney of counsel, both of Milwaukee.

For the respondent there was a brief by Moore, Moore & Crivello of Milwaukee, and oral argument by Frank T. Crivello.


GORDON, J.

Because of the peculiar factual scenery, Maryland Casualty Company was called upon to perform in a chameleonic capacity; this is because it was both the workmen's compensation carrier and also the liability insurer of Mr. Rice's employer, Hennes Trucking Company.

Mr. Rice, the plaintiff, has objected to having the Maryland Casualty Company share in the proceeds which were derived from the settlement of Mr. Rice's third-party action. His position...

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