Musselman v. Mutual Automobile Insurance Co. of Herman

This case is governed by Frye v. Theige (1948), 253 Wis. 596, 34 N. W. (2d) 793. There, as here, the plaintiff named insured, who was riding in his own automobile driven by another with his permission, sought to *389recover against his insurance company for the negligence of his permittee.

Plaintiff contends, however, that the holding of the Frye Case has been overruled by the subsequent decisions in Sandstrom v. Estate of Clausen (1951), 258 Wis. 534, 46 N. W. (2d) 831, and McMann v. Faulstich (1951), 259 Wis. 7, 47 N. W. (2d) 317. We cannot agree. Both of those cases were concerned with the…