226 Wis. 348 | Wis. | 1937
The practice followed brings here for consideration only the appeal of the defendant Employers Mutual Indemnity Corporation. It appealed timely from the judgment below; served notice of appeal to this court on the impleaded defendant Ohio Casualty Insurance Company on the 20th day of April, 1937. This required the impleaded defendant, if it so desired, to take and perfect its own appeal within thirty days after such service. Sec. 274.12, Stats., provides that unless the appeal of a party bound with the appealing party by the judgment does so appeal, he is to be deemed to have waived the right to appeal. The rulings in cases where parties have overlooked the provisions of the statute and sought to preserve the right of review by a motion to review have universally been that a waiver- of the right of appeal has occurred by-failure to comply with the provisions of sec. 274.12 as to the time within which to take and perfect an appeal. Lezala v. Jazek, 170 Wis. 532, 175
We pass to the question of the coverage afforded by the stipulation in the Employers Mutual Indemnity Corporation insurance policy, which reads: “Operation, maintenance or use (including transportation of goods, loading and unloading) of an automobile.” The stipulation to pay all losses and expenses imposed by law' under the clause quoted does not carry the liability of the insurer beyond what may be described as the natural territorial limits of an automobile and the process of loading and unloading it. When the goods have been taken off the automobile and have actually come to rest; when the automobile itself is no longer connected with the process of unloading; and when the material which has been unloaded from the automobile has plainly started on its
Judgment reversed on appeal of Employers Mutual Indemnity Corporation, and cause remanded with directions to enter judgment dismissing cross complaint as to Employers Mutual Indemnity Corporation.