No. 613 (1974).

72 Wis.2d 170 (1976)

240 N.W.2d 382

HERNKE and another, Respondents, v. CORONET INSURANCE COMPANY, a foreign corporation, and another, Appellants.

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Robert J. Beaudry, attorney, of West Allis, and Ronald J. Steinle, Jr., of counsel, of Cedarburg.

For the respondents the cause was submitted on the brief of Bittner, Petitjean & Hinkfuss of Green Bay.


Two issues are presented on this appeal:

1. May the issue of passive negligence be litigated in the circuit court proceeding?

2. Did the trial court err in precluding litigation on the issue of negligence causative of the collision?

Passive negligence.

At the outset, the differing language between the order of the trial court and its memorandum discussion must be noted. The order limited the issues at trial to those...

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