Smelker v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: Geo. Cleméntson, Circuit Judge. The complaint alleges that plaintiffs are attorneys at law; that the defendant is a railroad company; that in August, 1895, one James A. Harris, while riding on one of defendant’s trains, was thrown off and injured, so as to require the amputation of both arms above the wrist; that thereafter Harris lawfully contracted with plaintiffs to bring an action against defendant for $30,000…
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Appeal from a judgment of the circuit court for Iowa county: Geo. Cleméntson, Circuit Judge. The complaint alleges that plaintiffs are attorneys at law; that the defendant is a railroad company; that in August, 1895, one James A. Harris, while riding on one of defendant’s trains, was thrown off and injured, so as to require the amputation of both arms above the wrist; that thereafter Harris lawfully contracted with plaintiffs to bring an action against defendant for $30,000 damages on account of said accident; that plaintiffs were to receive one third of the amount recovered or received on a…
1Opinion of the Court
BáRdeeN, J.
An inspection of the complaint shows that the plaintiffs are seeking to maintain an independent action against defendant to enforce a lien upon a cause of action supposed to exist in favor of their former- client, Harris. Their right, if any they have, to maintain it, is based upon their agreement with their client that they should have one third of the amount recovered or received on a settlement, notice of a lien given defendant, and settlement made without their consent. It is quite clear from the authorities that, in absence of a statute, the plaintiffs would have no lien upon…
2Cases cited6 opinions
- Skobis v. FergeWisconsin Supreme Court · 1899
- Kusterer v. City of Beaver DamWisconsin Supreme Court · 1883
- Coleman & Newsome v. RyanSupreme Court of Georgia · 1877
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Voell v. KellyWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kenseth v. CommissionerUnited States Tax Court · 2000
- Carter v. HinkleSupreme Court of Virginia · 1949
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Yonge v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Raesser v. National Exchange BankWisconsin Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.