Maurer v. Northwestern Iron Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Luowig, Circuit Judge. Action to recover compensation for an injury. In respect to the notice required hy sec. 4222, Stats., the pleader stated this: The injury occurred December 7, 1908. January 30th thereafter, plaintiff mailed to defendant, in whose service and hy whose breach of duty such injury happened, a signed notice.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Luowig, Circuit Judge. Action to recover compensation for an injury. In respect to the notice required hy sec. 4222, Stats., the pleader stated this: The injury occurred December 7, 1908. January 30th thereafter, plaintiff mailed to defendant, in whose service and hy whose breach of duty such injury happened, a signed notice. It was received and responded to in writing, through the Employers’ Liability Assurance Corporation. In April, 1909, defendant’s attorney and agent visited plaintiff and inquired into the nature of…
1Opinion of the Court
IVraT?sTTat.t., J.
Sec. 4222, Stats., prescribes the manner of serving a notice of injury in the circumstances of this case. “Such notice shall be given in the manner required for the service of summons in courts of record” are the words of the statute. The giving of the notice is the material thing. It is made a condition precedent to the maintenance of an action to recover damages. It is not a condition of the existence of a cause of action but one of limitation upon opportunity to judicially enforce an existing such cause. While not a statute of limitation, in the technical sense, it is so…
2Cases cited8 opinions
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Meisenheimer v. KelloggWisconsin Supreme Court · 1900
- Guile v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- Troschansky v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mannino v. DavenportWisconsin Supreme Court · 1981
- Burmek v. Miller Brewing Co.Wisconsin Supreme Court · 1957
- State Ex Rel. Sheel v. IngramSupreme Court of Oklahoma · 1933
- Will v. JessenWisconsin Supreme Court · 1956
- Ausen v. MoriartyWisconsin Supreme Court · 1954
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