Wiedenhaupt v. Van Der Loop

The question presented on this appeal is whether the cause of action is one for damages caused by the negligent operation, management, or control of a motor vehicle within the meaning of those terms as used in sec. 260.11, Stats. While the pleadings and the affidavits in support and in opposition to the motion for summary judgment raise questions of fact they are not material to the issue before us. Such issues of fact pertain to the liability of the appellant and not to the nature of the cause of action or the applicability of sec. 260.11.

The appellant contends that the undisputed fact that…