Pries v. Ashland Light, Power & Street Railway Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Ashland ■county: JohN K. Parish, Circuit Judge. It appears from the complaint in this action that Walter ■Smith died intestate on April 21, 1909, and that on November 5, 1909, the plaintiff was duly appointed and qualified in the Ashland county court as administratrix of his estate. The complaint alleges that the defendants are domestic corporations conducting their businesses in the city of Ashland.
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Appeal from an order of tbe circuit court for Ashland ■county: JohN K. Parish, Circuit Judge. It appears from the complaint in this action that Walter ■Smith died intestate on April 21, 1909, and that on November 5, 1909, the plaintiff was duly appointed and qualified in the Ashland county court as administratrix of his estate. The complaint alleges that the defendants are domestic corporations conducting their businesses in the city of Ashland. Phe facts alleged charge the defendants with negligence and that such negligence proximately caused the decedent’s death. 'The complaint states: “11.…
1Opinion of the CourtSiebbcKKR, J.
Does the allegation that the decedent “left •surviving him his father and mother, . . . who are nonresi•dent aliens, and his sisters, Mrs. Minnie Brooks, and Ida Fries, the plaintiff herein,” constitute an allegation that the *608sisters named are nonresident aliens ? To so bold would be-contrary to tbe evident object of tbe pleader. Tbe rule is-that language in a pleading must be liberally construed so as-to give effect to its object and purpose. Tbe language here used, considered in connection with tbe other allegations of' tbe complaint, conveys tbe idea contended for by tbe plaintiff, namely,…
2Cases cited2 opinions
- Deni v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- McMillan v. Spider Lake Saw Mill & Lumber Co.Wisconsin Supreme Court · 1902
3Cited by5 opinions
- Rabe v. Outagamie CountyWisconsin Supreme Court · 1976
- E. L. Husting Co. v. Coca-Cola Co.Wisconsin Supreme Court · 1927
- Judd v. JuddMichigan Supreme Court · 1915
- Lamb v. TuckerSupreme Court of Georgia · 1916
- Broderson v. BoehmNorth Dakota Supreme Court · 1977