Frankfort General Insurance v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Action for contribution. One Ertel recovered judgment for $4,000 and costs against the Milwaukee-Western Fuel Company and the defendant in a personal injury action.
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Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Action for contribution. One Ertel recovered judgment for $4,000 and costs against the Milwaukee-Western Fuel Company and the defendant in a personal injury action. In that action it was determined that the Milwaukee-Western Fuel Company and the defendant were guilty of coincident independent acts of negligence resulting in injury to said Ertel, and Ertel had judgment against both companies. The judgment was paid by the plaintiff, the insurer of the Milwaukee-Western Fuel Company, and plaintiff…
1Opinion of the CourtRosenberry, J.
The defendant claims that it is not liable, and bases its claim upon three propositions :(1) The defendant asserts that it acquired an equitable defense limiting the amount which it might be required to contribute; that such equitable defense arose out of the fact that the Milwaukee-Western Fuel Company refused before the trial of the Ertel action to join with the defendant in the settlement of Ertel's claim for the sum of $2,400, the defendant having secured Ertel’s offer to accept that sum and at the same time agreed to contribute four sevenths of the amount of the settlement if the…
2Cases cited4 opinions
- Bakula v. SchwabWisconsin Supreme Court · 1918
- Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Boutin v. EtsellWisconsin Supreme Court · 1901
- Marshall-Jackson Co. v. JefferyWisconsin Supreme Court · 1918
3Cited by12 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Patitucci v. GerhardtWisconsin Supreme Court · 1932
- Wurtzinger v. JacobsWisconsin Supreme Court · 1967
- Farmers MA Ins. Co. v. Milwaukee A. Ins. Co.Wisconsin Supreme Court · 1959
- State Ex Rel. McCubbin v. McMillianMissouri Court of Appeals · 1961
7 more not listed; retrieve them via the Exa API.