Ven Rooy v. Farmers Mutual Automobile Insurance

The main issue raised by this appeal is the question of the assumption of risk by the plaintiffs. As a general rule before a guest can be held to have assumed the risk of his host’s negligence the evidence must show three factors, to wit: (1) The hazard or danger inconsistent with the safety of the guest; (2) knowledge and appreciation of the hazard by the guest, and (3) acquiescence or a willingness to proceed in the face of danger. Prunty v. Vandenberg (1950), 257 Wis. 469, 44 N. W. (2d) 246. Instructions to the jury in accordance with this rule were given by the trial court in connection…