Smedley v. Milwaukee Automobile Insurance

The appellant raises five assignments of error. The first assignment is the error of the court in denying the plea in abatement and raises the question whether the Insurance Company can be made a party defendant by virtue of sec. 260.11 (1), Stats., 30 W. S. A., p. 39. This section applies to an action for damages caused by the negligent operation, management or control of a motor vehicle. In construing this section, we must also consider sec. 204.30 (4), 25 W. S. A., p. 310. This latter section creates direct liability to others than the insured on the part of the insurer of a bond or…