Heinecke Et Al. v. Hardware Mut. Cas. Co‪.‬

An automobile owned by the plaintiff Florence Heinecke was damaged in a collision with a truck operated by the defendant Louis
Anderson on April 4, 1951, at about 7:00 p. m. The automobile was driven by her husband. The car was insured by the Ohio Farmers
Insurance Company and its policy contained a $50 deductible collision clause. The company paid all but $50 of the car damage
and plaintiffs commenced this action in the municipal court of Fond du Lac county to recover the amount of said damage. The defendant Louis Anderson, on the date of the accident, was the operator of a garage located on the west side of Highway
41, some distance south of Fond du Lac. He had operated this garage since 1919. Highway 41 ran in a northerly and southerly
direction in front of his garage. To the south there was a hill known as 'Hamilton Hill.' The distance from the garage to
the top of said hill was approximately 1,700 feet. About 800 feet south of the garage was a driveway extending east from Highway
41 to a stone quarry. To the north the highway was level. The highway was paved with concrete. The weather was clear and the
highway was dry.