McKeigue v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Rock county: B. E. DuNWIddie, Circuit Judge. This is an action brought by the administrator of the estate of one Broderick, deceased, to recover damages received by said Broderick while in defendant’s employ and alleged to have been caused by defendant’s negligence. It appears by the complaint that Broderick died about four hours after receiving his injuries and as the result thereof.
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Appeal from an order of tbe circuit court for Rock county: B. E. DuNWIddie, Circuit Judge. This is an action brought by the administrator of the estate of one Broderick, deceased, to recover damages received by said Broderick while in defendant’s employ and alleged to have been caused by defendant’s negligence. It appears by the complaint that Broderick died about four hours after receiving his injuries and as the result thereof. Tbe defendant by answer denied all allegations of negligence, and alleged by way of equitable defense that Broderick died intestate leaving no widow, descendants, or…
1Opinion of the CourtWinslow, J.
The question presented by'the demurrer is that which was suggested but not decided in the case of Chicago & N. W. R. Co. v. McKeigue, 126 Wis. 574, 105 N. W. 1030, where an independent action in equity was brought to enjoin the prosecution of the present action at law, and held not to be maintainable because the facts alleged could be set up as an equitable defense in this action. The question is thus fairly stated by the respondent:
“Is the settlement made by the defendant with Johanna Murphy, sole surviving heir at law of Broderick, deceased, prior to administration, binding upon the…
2Cases cited11 opinions
- Hutson v. JensonWisconsin Supreme Court · 1901
- Foote v. FooteMichigan Supreme Court · 1886
- Vail v. AndersonSupreme Court of Minnesota · 1895
- Abrams v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1906
- Taylor v. HillWisconsin Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Arnold v. TurekWest Virginia Supreme Court · 1991
- In Matter of Estate of LecicWisconsin Supreme Court · 1981
- Schoenwetter v. SchoenwetterWisconsin Supreme Court · 1916
19 more not listed; retrieve them via the Exa API.