Heagney v. Sellen
| Decision Date | 03 April 1956 |
| Citation | 75 N.W.2d 801,272 Wis. 107 |
| Parties | Shirley M. HEAGNEY, Respondent, v. Clifford SELLEN et al., Appellants. Virginia LOBRAICO et al., Respondents, v. Clifford SELLEN et al., Appellants. |
| Court | Wisconsin Supreme Court |
On motion for rehearing.
For former opinion, see 272 Wis. 107, 74 N.W.2d 745.
Everson, Ryan, Whitney & O'Melia, Green Bay, for appellant Shirley M. heagney.
Emmet McCarthy, Marinette, for Sellen and Travelers Indemnity Co.
Counsel for Mrs. Heagney, in the action in which she was defendant and Mr. and Mrs. Lobraico were plaintiffs, have moved for a rehearing as to the point covered by headnote 5 of our original opinion. In the brief filed in support of such motion it is pointed out that our holding on the point in question is inconsistent with our prior decision in Culver v. Webb, 1944, 244 Wis. 478, 12 N.W.2d 731. In the latter host-guest case we directed a new trial because the trial court had failed to submit a question inquiring as to the failure of the host to exercise the skill and judgment he possessed even though there was no evidence that the host did not possess the skill and judgment of the ordinarily prudent driver. It is impossible to reconcile such result with that reached by us in the instant case. Because we deem our holding on this point in the present case is logically sound and in the interest of justice, we, therefore, expressly overrule Culver v. Webb, supra, insofar as it conflicts with our original opinion herein.
The motion for rehearing is denied without costs.
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