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Haumschild v. Continental Cas. Co.

Supreme Court of Wisconsin

7 Wis.2d 130, 95 M.W.2d 814 (1959

Facts

Mr. Haumschild (defendant) and Mrs. Haumschild (plaintiff), domiciliaries of Wisconsin, were in a car accident in California. After the couple divorced, Mrs. Haumschild filed a lawsuit against her former husband and his automobile insurer, Continental Cas. Co. (defendant), in a Wisconsin court, for injuries she received in the accident. Applying California law, the court dismissed her suit on the grounds that California prohibited interspousal tort actions. Wisconsin law, on the other hand, permitted suits between spouses. Mrs. Haumschild appealed.

Rule of Law

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Issue

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Holding and Reasoning (Currie, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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