ZIEBARTH v. FIDELITY & GUARANTY FIRE CORP.


256 Wis. 529 (1950)

ZIEBARTH and wife, Respondents, vs. FIDELITY & GUARANTY FIRE CORPORATION, Appellant.

Supreme Court of Wisconsin.

March 7, 1950.


Attorney(s) appearing for the Case

For the appellant there was a brief by Wolfe, O'Leary & Kenney, attorneys, and Kenneth M. Kenney and R. W. Wolfe of counsel, all of Milwaukee, and oral argument by Kenneth M. Kenney.

Harry J. Weisfeldt of Milwaukee, for the respondents.


FAIRCHILD, J.

The judgment cannot be affirmed on the ground on which the trial court laid his decision. The policy in question was for a dwelling house. By referring to private structures appertaining to the dwelling house, its coverage was limited to buildings generally in the individual and private use of the owner. A car-repair shop which was open to the public was thus definitely excluded.

The trial court relied on Cawker v. Meyer (1911), 147 Wis...

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