Fitzgerald v. Badger State Mutual Casualty Co.

Two issues are raised in this lawsuit for damages to a guest, the plaintiff-respondent here, growing out of an automobile accident on December 26, 1969, when the car she was riding in, driven by defendant-respondent Virgil C. Csida, and insured by the defendant-respondent, Badger State Mutual Casualty Company, collided with a temporary railroad trestle (being used by the defendant, Chicago & North Western Railway Company) at a highway construction site at which work was being done by the defendant-appellant, Druml Company.

The defendant-appellant was under contract to the state of Wisconsin…