Farmers Mutual Automobile Insurance v. Milwaukee Automobile Insurance

The defendant contends that the complaint is defective because it does not allege any acts of negligence on the part of the plaintiffs insured, Von Haden, and the existence of any common liability arising out of such negligence and that of Mahlum, the insured of the defendant. The plaintiff respondent relies on Rusch v. Korth (1957), 2 Wis. (2d) 321, 86 N. W. (2d) 464, for the proposition that it is not necessary for one seeking contribution against a tort-feasor to establish his own negligence or any common liability and therefore need not allege them in a complaint for contribution. The…