BADE v. BADGER MUT. INS. CO.


31 Wis.2d 38 (1966)

BADE, Plaintiff and Respondent, v. BADGER MUTUAL INSURANCE COMPANY, Defendant and Appellant: JONES, Defendant.

Supreme Court of Wisconsin.

May 10, 1966.


Attorney(s) appearing for the Case

For the appellant there were briefs by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and Louis W. Staudenmaier, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Staudenmaier.

For the respondent there was a brief by Phillips, Hoffman & Phillips of Milwaukee, and oral argument by N. Paley Phillips.


BEILFUSS, J.

On this motion for summary judgment the material facts are not in dispute nor are the reasonable inferences to be drawn therefrom doubtful.

In McWhorter v. Employers Mut. Casualty Co. (1965), 28 Wis.2d 275, 277, 278, 137 N.W.2d 49, the court stated:

"The rules governing summary judgments are well known and have been frequently stated and explained by this court. Under the rule of Hyland...

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