Ralph Ayala Et Al. v. Farmers Mutual Auto

Involved are two actions, one of which is entitled Ralph Ayala, Betty Ayala (his wife) and Vicky Ann Ayala, an infant, by
her guardian ad litem, plaintiffs, against Farmers Mutual Automobile Insurance Company and The Western Casualty and Surety
Company, defendants, and Lyle Fero, impleaded defendant, and was commenced on November 3, 1954. The other action is entitled
Lyle Fero and Norma Fero (his wife) plaintiffs, against Farmers Mutual Automobile Insurance Company, defendant, and the Western
Casualty and Surety Company, impleaded defendant, and was commenced on November 19, 1954. The actions were tried together
before the court and a jury. Separate judgments were rendered. The appeals are from the judgments and were taken by Western
Casualty and Surety Company. Lyle Fero has not appealed. The plaintiffs in each action sought damages sustained by them in an automobile collision that occurred July 8, 1954 at about
8:15 p. m., on an east-west town road located two miles south, and about one-half mile east of the village of Granton in Clark
County. The collision occurred near the crest of a hill. Involved was a Pontiac automobile owned and being driven at the time
by Lyle Fero of Granton, and a Plymouth automobile owned by Leon Metcalf of Neillsville, and being driven with his consent
by his son, LaVern Metcalf. The Western Casualty and Surety Company carried insurance on the Fero car. Farmers Mutual Automobile
Insurance Company carried coverage on the Metcalf car. Riding as gratuitous guests with Lyle Fero were Norma Fero, his wife,
and the Ayalas of Chicago. LaVern Metcalf was the sole occupant of the car that he was driving. The Fero car was traveling
east and the Metcalf car was traveling west. There is a private driveway leading to a farm situated on the south side of the
road at the crest of the hill and the collision occurred 68 to 150 feet west of the center of that driveway.