Legal Opinion

Meisenheimer v. Kellogg

Wisconsin Supreme Court

Decided February 27, 1900PublishedCited by 20 opinions

Appeal from au order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is au action to recover damages for malpractice.

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Appeal from au order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is au action to recover damages for malpractice. The complaint alleges, in substance, that on and prior to the 23d day of August, 1897, the defendant was a physician and surgeon duly licensed to practice as such in the state of Wisconsin, and engaged in the practice of his profession in the city of Milwaukee, and that be beld himself out to the public as a skilful physician and surgeon; that on or about the 23d of August, 1897, the plaintiff employed the defendant as such physician and surgeon, for a…

1Opinion of the CourtWiNslow, J.

But one ground of demurrer is insisted upon in this court, and that is the general ground that the complaint does not state facts sufficient to constitute a cause of action. Upon this question the decisions of this court in Jones v. Burtis, 88 Wis. 478, and Crowty v. Stewart, 95 Wis. 490, are quite conclusive in support of the complaint. All the allegations which were held sufficient in these cases to set forth a good cause of action for malpractice are contained in the present complaint, and it is not necessary to elaborate the question here.

But it is argued that the notice, of the injury…

2Cases cited5 opinions

  1. Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899
  2. Ryan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  3. Weed & Gumaer Manufacturing Co. v. WhitcombWisconsin Supreme Court · 1898
  4. Jones v. BurtisWisconsin Supreme Court · 1894
  5. Crowty v. StewartWisconsin Supreme Court · 1897

3Cited by20 opinions

  1. Mannino v. DavenportWisconsin Supreme Court · 1981
  2. O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
  3. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  4. Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
  5. Maurer v. Northwestern Iron Co.Wisconsin Supreme Court · 1912

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