Farmers Mutual Automobile Ins. Co. V‪.‬

Action for contribution. The complaint of the Farmers Mutual Automobile Insurance Company alleged that it insured a 1955 Ford owned by Early Von Haden and that the defendant, Milwaukee Automobile Insurance Company, insured a 1949 Dodge owned by Harry Mahlum. On March 25, 1957, a collision occurred between these two cars on U. S. Highway No. 16 in La Crosse County. It is also alleged that Harry Mahlum was causally negligent as to lookout and management and control; that Hazel Mahlum, a guest in Harry Mahlums Dodge, was seriously injured, incurred medical and hospital expenses, and suffered permanent disability. It is then alleged that by virtue of the contractual obligation imposed by its policy the plaintiff settled the claim of Hazel Mahlum for $8,000 and took a release, releasing among others the estate of Harry A. Mahlum and the defendant Milwaukee Automobile Insurance Company. The plaintiff alleged it paid more than its just share and the defendant has been unjustly enriched to the extent of one-half of said payment, and prays for recovery of $4,000 and its costs and disbursements.