Krebsbach v. Miller

I concur in the affirmance of the order of the circuit court but disagree with the reasons given by the majority for the affirmance.

In a summary-judgment case, this court is not to decide the facts or to draw inferences therefrom except such as can be done as a matter of law. Voysey v. Labisky (1960), 10 Wis. (2d) 274, 103 N. W. (2d) 9. The trial court denied the motion for summary judgment on the ground there was a question of fact to be determined.

The majority of the court concludes that in the absence of an express prohibition against permitting others to drive the automobile the fact that…