Kania v. Chicago & North Western Railway Co.

Plaintiffs argue that the motion to strike was the equivalent of a demurrer because their claim for treble damages is a separate cause of action, relying on Chrome Plating Co. v. Wisconsin Electric Power Co. (1942), 241 Wis. 554, 6 N. W. 2d 692. In that case we held that the record would not sustain a recovery on grounds of ordinary negligence. The case was tried on the basis of liability for treble damages under sec. 196.64, Stats. We held this required proof of a wilful and wanton violation, and precluded comparison of negligence. In the Chrome Plating Co. Case, as well as the other cases…