Saudek v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscae M. Reitz, Circuit Judge. Action to recover damages for the death of plaintiff’s husband, who at the time of his death was in the employ of the city of Milwaukee as a lineman, and who met his death, it is alleged, through the negligence of the defendant. The deceased was under the Workmen’s Compensation Act, and plaintiff received from the city the sum of $3,000, the amount due her under the act.
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Appeal from an order of the circuit court for Milwaukee county: Oscae M. Reitz, Circuit Judge. Action to recover damages for the death of plaintiff’s husband, who at the time of his death was in the employ of the city of Milwaukee as a lineman, and who met his death, it is alleged, through the negligence of the defendant. The deceased was under the Workmen’s Compensation Act, and plaintiff received from the city the sum of $3,000, the amount due her under the act. Subsequently the city assigned to her its cause of action under an agreement as follows: “In consideration of the covenants herein…
1DissentSiebeckeb, J.
I am unable to concur in the decision of the court sustaining the assignment of the city’s cause of action to plaintiff. The terms of this assignment, in my opinion, do not effect a transfer of this claim, and the transaction leaves the question of a valuable consideration so doubtful as to affect its validity. The formal terms of the assignment- are that the city, “In consideration of the covenants herein contained, . . . assign, transfer, and set over to Ordella Saudek, her heirs and assigns, forever,” the claim of the city “against the Milwaukee Electric Railway and Light Company on…
2Cases cited1 opinion
- Bernhardt v. RiceWisconsin Supreme Court · 1898