Schmidt v. Menasha Woodenware Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. In July, 1894, one Christ Schmidt was killed by an explosion in defendant’s factory, under circumstances alleged to be such as to render it liable therefor. Afterwards his widow was appointed administratrix of his estate, and commenced this action to recover damages, under the statute, for her husband’s death.
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Appeal from an order of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. In July, 1894, one Christ Schmidt was killed by an explosion in defendant’s factory, under circumstances alleged to be such as to render it liable therefor. Afterwards his widow was appointed administratrix of his estate, and commenced this action to recover damages, under the statute, for her husband’s death. Pending the action, she married one G. W. Btaeffier, by whom she had one child now living. On December 28, 1896, the widow died. Staeffier was appointed the administrator of her estate, and…
1Opinion of the CourtBardeen, J.
Under the common law, tbe right to prosecute tbe defendant for its alleged negligence in causing the death of Schmidt did not survive. But the wisdom of the legislature has provided that the offending party shall not •escape responsibility. Secs. 4255, 4256, E. S. 1878, give a new action, in this case, to the widow, and a right to recover such damages as the jury may deem fair and just in reference to the pecuniary loss to her resulting from such death. The damages that could be recovered are limited to a mere indemnity for the resulting injury to the widow. Regan v. C., M. & St. P. R. Co. 51…
2Cases cited4 opinions
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Gores v. GraffWisconsin Supreme Court · 1890
- Regan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Topping v. Town of St. LawrenceWisconsin Supreme Court · 1893
3Cited by16 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
- McMillan v. Spider Lake Saw Mill & Lumber Co.Wisconsin Supreme Court · 1902
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
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