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Firemen's Insurance Co. Newark v. Washburn

WI.228 , 85 N.W.2d 840, 2d 214 (1957)(2 Wis)

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Action by the plaintiff insurance company to recover from the defendant county damages sustained to an automobile as a result
of an alleged defective highway. The complaint, among other things, alleged: Plaintiff had issued a policy of $50 deductible collision insurance to the owner
of the damaged vehicle. Such insured automobile overturned as a result of its right front wheel dropping into a depression
caused by the north edge of the highway collapsing. The highway where this occurred was United States Highway 63 in Washburn
county, which is part of the state trunk highway system. The defendant county had entered into a contract with the state highway
commission to maintain and repair such highway. The accident was proximately caused by the negligence of the defendant county
in failing to properly maintain and repair such highway. The damages to the insured automobile amounted to $2,350, and the
plaintiff had paid to the owner the sum of $2,300 in settlement of its liability under its policy, thereby becoming subrogated
to the rights of the owner to such extent. In addition to such rights gained by subrogation, the owner had also assigned to
the plaintiff any claim which he had against the defendant. Within thirty days after such accident the plaintiff had caused
to be served upon the county clerk, and filed with him, a written notice setting forth the place where the damage to the insured
car occurred, generally describing the plaintiff's cause of action against the county, and stating that satisfaction for such
damage was claimed against the county.

Firemen's Insurance Co. Newark v. Washburn
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  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: Nov 05, 1957
  • Publisher: LawApp Publishers
  • Seller: Innodata Book Distribution Services Inc
  • Print Length: 19 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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