Whirry v. Rural Mutual Casualty Insurance

The appellants first contend that the right of a guest to recover damages from her host resulting from an automobile accident is based upon contract, requiring the guest to allege and show a standard of care on the part of the host and a breach by the host of the contract out of which the host-guest relationship arose. They first call attention to the case of Knauer v. Jos. Schlitz Brewing Co. 159 Wis. 7, 149 N. W. 494, where this court held that the doctrine of assumption of risk does not operate except where there is a contractual relationship between the parties. Because the doctrine of…