Zeinemann Et Al. v. Gasser Et Al‪.‬

Dorothy Zeinemann and Robert Zeinemann, plaintiffs and respondents, joined in an action begun August 6, 1946, for the recovery of damages for personal injuries and damage to Robert Zeinemann's automobile, alleged to have been suffered as the result of a collision between Zeinemann's automobile and the automobile of defendant and appellant Peter Gasser. Hartford Accident and Indemnity Company, a foreign insurance corporation, Gasser's insurance carrier, was joined as a party defendant, and Farmers Mutual Automobile Insurance Company, a Wisconsin corporation, Zeinemann's insurance carrier, was interpleaded as a party to the action. Defendant Gasser interposed a counterclaim and cross-complaint for damage to his automobile, and defendant Hartford Accident and Indemnity Company interposed a counterclaim and cross-complaint for contribution against interpleaded defendant Farmers Mutual Automobile Insurance Company in the event it should be adJudged Dorothy Zeinemann's injuries were caused by the negligence of both Zeinemann and Gasser. The case was tried to the court and a jury, and a special verdict returned. The special verdict found defendant Gasser guilty of negligence with respect to (a) speed, and (b) management and control of his automobile, and found that negligence as to management and control was a cause of the collision but speed was not a cause. The court changed the answer of whether speed was a cause of the collision from 'No' to 'Yes.' Plaintiff Robert Zeinemann was found free of negligence. From a judgment entered October 11, 1946, awarding the plaintiff Dorothy Zeinemann $6,000 damages and $152.95 costs, and awarding the plaintiff Robert Zeinemann $2,793.45 damages and $106.61 costs, and dismissing the cross-complaint of the appellants against the interpleaded defendant, Farmers Mutual Automobile Insurance Company with costs and disbursements allowed in the sum of $120.72, defendants appeal.