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PAMPERIN v. MILWAUKEE MUT. INS. CO.

Nos. 60, 61.

55 Wis.2d 27 (1972)

197 N.W.2d 783

PAMPERIN, Plaintiff and Respondent, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Defendant and Appellant: ALLSTATE INSURANCE COMPANY and another, Defendants. MARONEK, Plaintiff and Respondent, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the appellant in Case No. 60 there were briefs and oral argument by Thomas J. Regan of Milwaukee.

For the appellant in Case No. 61 there were briefs and oral argument by Thomas J. Regan of Milwaukee.

For the plaintiff-respondent Keith A. Pamperin in Case No. 60 there was a brief by Petrie, Stocking, Meixner & Zeisig, S.C., and John A. Stocking, all of Milwaukee, and oral argument by John A. Stocking.

For the plaintiff-respondent Jerry Thomas Maronek in Case No. 61 there was a brief by Kraemer, Binzak & Sylvan of Menomonee Falls, and oral argument by Ronald W. Sylvan.

CONNOR T. HANSEN, J.

We first consider the issue of whether the trial court erred in refusing to direct a verdict in favor of the defendant and to determine as a matter of law that Karin Kaminsky was not a resident of her uncle's household at the time of the accident.

It is well settled that a case may be taken from the jury and decided as a matter of law:

"`". . . only when the evidence gives rise to no dispute as to the material issues or only when...

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