Emond v. Kimberly-Clark Co.
Wisconsin Supreme Court
■Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BrauraLL, Circuit Judge. Action to recover damages for the death of the minor son of' plaintiffs. Defendant demurred to the complaint on the-ground that it did not state facts sufficient to constitute a cause of action.
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■Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BrauraLL, Circuit Judge. Action to recover damages for the death of the minor son of' plaintiffs. Defendant demurred to the complaint on the-ground that it did not state facts sufficient to constitute a cause of action. Its material allegations are as follows: “That on the 17th day of December, 1913, and for a long time prior thereto, said defendant was engaged in the paper-manufacturing business, and had one of its principal plants-located in the village of Niagara, Marinette county, Wisconsin. That the defendant…
1Opinion of the CourtViNJE, J.
The appeal presents the question of whether or not it was the duty of the defendant to fence the pond described in the complaint. Fairly construed the failure to fence or guard it is the only negligence alleged. Upon the oral argument it was claimed by plaintiffs’ counsel that the ' allegation that the pond, dam, and overflow gate were allowed to remain in an unsafe condition was the assertion of a breach of duty additional to the duty to fence or guard. If such a meaning can be gathered from the allegation it adds nothing to the complaint, for in the 'absence of an averment stating in what…
2Cases cited5 opinions
- Klix v. NiemanWisconsin Supreme Court · 1887
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Brinilson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
- Meyer v. Menominee & Marinette Light & Traction Co.Wisconsin Supreme Court · 1912
- Zartner v. GeorgeWisconsin Supreme Court · 1914
3Cited by33 opinions
- McCall v. McCallieCourt of Appeals of Georgia · 1933
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Barnhart v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
- Waters v. United States Fidelity & Guaranty Co.Court of Appeals of Wisconsin · 1985
- Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
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