State Ex Rel. Carl v. Charles

The basic issue is whether Carl’s action against Dairyland is an action on a contract, or an action arising out of an automobile accident and a negligence action. Briefly stated, the trial court held that Carl had waived his right to arbitration by commencing his action for damages based upon the alleged negligence of Kraft and that, although the action alleged a contract violation, the action was in essence an action growing out of an automobile accident and therefore under the applicable statutes. Dodge, not Ashland county, was the proper place for trial.

Sec. 261.02, Stats., gives the…