Berkemeyer v. Milwaukee Automobile Ins. Co.

On September 11, 1947, plaintiff brought action against the defendant Insurance Company and its assured, Ruplinger, to recover damages for injuries he sustained when struck by Ruplinger's automobile. Trial was had to a jury which found plaintiff eighty per cent and Ruplinger twenty per cent causally negligent. Judgment dismissing the complaint on the merits and awarding costs to the two defendants was entered upon the verdict March 7, 1949, and notice thereof was served on plaintiff's attorney March 11, 1949. On August 31, 1949, long after the expiration of the ninety days limited by sec.…