Foellmi v. Smith

These three issues are raised on this appeal:(1) On the record before us is it established as a matter of law that there was no causal negligence on the part of Smith ?(2) Is Milwaukee Auto estopped by the conduct of its adjuster from raising the defense of plaintiffs’ failure to comply with the two-year notice-of-injury requirement of sec. 330.19 (5), Stats. 1953?(3) What effect does Milwaukee Auto’s default under sec. 327.22, Stats., have on the maximum amount for which judgment may be entered against it in this action?

Negligence Issue.

Defendants assert on this appeal that, irrespective of…