Paul Pace Smedley v. Milwaukee Automobile

Action for personal injuries sustained by the plaintiff caused by the defendant McCrossens negligent operation of a hydraulic crane which was mounted on a Mack truck. The complaint alleged the Milwaukee Automobile Mutual Insurance Company issued an automobile liability policy to McCrossen insuring him against liability for the negligent maintenance, use and operation of any motor vehicle owned by him and the insurer was directly liable to the plaintiff under sec. 85.93, Stats. The answer alleged the existence of a liability policy covering the operations of the defendant who was engaged in iron and steel erection work in which he moved steel girders into place by means of the crane, denied McCrossen was operating a motor vehicle and any negligence in operating the crane, and pleaded contributory negligence and assumption of risk by the plaintiff.