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PHOENIX INS. CO. v. WISCONSIN SOUTHERN GAS CO.

Nos. 33, 34.

45 Wis.2d 471 (1970)

173 N.W.2d 610

PHOENIX INSURANCE COMPANY OF CONNECTICUT and WORACK and wife, Plaintiffs and Appellants, v. WISCONSIN SOUTHERN GAS COMPANY, Defendant and Respondent. PELZ and another, Plaintiffs and Appellants, v. WORACK and wife and WISCONSIN SOUTHERN GAS COMPANY, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

For the appellant Phoenix Insurance Company of Connecticut (Case No. 33) there was a brief by Wolfe, O'Leary, Kenney & Wolfe of Milwaukee, and oral argument by Z. F. O'Leary.

For the appellants Mark and Carl Pelz (Case No. 34) there were briefs by Brown, Black & Riegelman of Racine, and oral argument by Dexter D. Black and Harley Brown.

For the respondent Wisconsin Southern Gas Company (Case Nos. 33 and 34) there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Carroll E. Metzner.

For the respondents (Case No. 34) there was a brief by Heide, Sheldon, Hartley, Thom & Wilk and William A. Sheldon, all of Kenosha, attorneys for Frederick P. and Georgia R. Worack, and of counsel for the Phoenix Insurance Company of Connecticut, and oral argument by William A. Sheldon.

CONNOR T. HANSEN, J.

The principal issue is whether it was prejudicial error to grant the motion of the respondent, Wisconsin Southern Gas Company, for a directed verdict and to dismiss both actions as to the gas company.

There are other issues which will be referred to in the course of the opinion.

The standard by which this court will review decisions on motions for a directed verdict are set forth in Zillmer v. Miglautsch (1967), ...

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