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SCHAUF v. BADGER STATE MUT. CASUALTY CO.

36 Wis.2d 480 (1967)

SCHAUF, Plaintiff and Respondent, v. BADGER STATE MUTUAL CASUALTY COMPANY, Defendant and Appellant: WISCONSIN MUTUAL INSURANCE COMPANY and others, Defendants and Respondents.

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Tinkham, Smith, Bliss & Patterson of Wausau, and oral argument by John E. Bliss.

For the plaintiff-respondent there was a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and David R. Williamson of counsel, all of Wausau, and oral argument by Herbert L. Terwilliger.

For the defendants-respondents there was a brief by Swingen, Stern, Lenahan & Swanson of Madison, and oral argument by E. M. Swingen.

HALLOWS, J.

The first ground for the motion for summary judgment is based upon the contention that as a matter of law Thur was not the driver of the automobile. In support of its motion, Badger submitted affidavits of all the occupants of the Kiesow car in which they stated Kiesow and not Thur was the driver at the time of the accident. These affidavits directly contradict earlier statements made by Thur that he was driving the car. The situation presented an issue...

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