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UPTON v. TATRO

No. 368.

68 Wis.2d 562 (1975)

229 N. W. 2d 691

UPTON, by Guardian ad litem, and another, Plaintiffs and Respondents, v. TATRO, Defendant: RURAL MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided June 3, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Terwilliger, Wakeen, Piehler, Conway & Rouse, S. C. of Wausau, attorneys, and Douglas J. Klingberg and Thomas N. Akey of Wausau, of counsel; and for the plaintiff-respondents the cause was submitted on the brief of Schmitt, Nolan & Hansen of Merrill.

Submitted under sec. (Rule) 251.54 February 5, 1975.

DAY, J.

The principal question on this appeal is the same as that raised in the case of Nordahl v. Peterson, ante, p. 538, 229 N.W.2d 682. Is consent by the title-holder and named insured to operate a motor vehicle implied where such consent is given by one who, for all practical purposes, is the owner of the vehicle and has such permission from the named insured...

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