FEATHERLY v. CONTINENTAL INS. CO.

No. 704 (1974).

73 Wis.2d 273 (1976)

243 N.W.2d 806

FEATHERLY and wife, Plaintiffs-Respondents, v. CONTINENTAL INSURANCE COMPANY, Defendant: HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, a/k/a SENTRY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1976.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Richard S. Gibbs, Clay R. Williams, John W. Hein and Gibbs, Roper & Fifield, all of Milwaukee.

For Mutual Service Casualty Insurance Company the cause was submitted on the brief of Hanlin J. Hayes, Peter J. Stange and Hayes & Hayes, all of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the brief of Daniel F. Aschenbrener and Aschenbrener & Koenig, S. C. of Shawano.


HEFFERNAN, J.

Clyde Featherly was injured in an automobile accident on January 29, 1970. His injury was sustained when the vehicle ahead of him had a head-on collision with an oncoming automobile. That oncoming vehicle apparently then went into Featherly's path of travel, and Featherly sustained severe injuries. The two other drivers were killed. The vehicle he was following at a distance of 100 to 175 feet was driven by...

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