Hardware Mutual Casualty Co. v. Milwaukee Automobile Insurance

In October, 1931, one Chicanich was engaged in driving a truck belonging to one John Volk, which was then being used in highway construction work. On October 21, 1931, the Volk truck then being driven by Chicanich, collided with a truck owned by one Kluck. One Radtke, who at the time of the collision, was riding on the Volk truck, was injured. Radtke commenced an action against Volk and Kluck to recover damages for his injuries. The jury in that case found both of the drivers negligent, but upon motions after verdict the action was dismissed as to the defendant Volk on the ground that at the…