Schinke v. Hartford Accident & Indemnity Co.

The sole issue upon this appeal is whether there is credible evidence to sustain the finding of the jury that the plaintiff guest assumed the risk of her husband’s negligent speed.

In order that a guest can be held to have assumed the risk of the host’s negligence the evidence must establish these three factors: (1) A 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. Knipfer v. Shaw (1933), 210 Wis. 617, 621, 246 N. W. 328, 247 N. W. 320, and Ven Rooy v.…