Legault v. Malacker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: W. B. Quinlan, Circuit Judge. A general demurrer to the complaint was overruled hy this court upon a former appeal in the present action. 156 Wis. 507, 145 N. W. 1081. After the return of the case to the circuit court it was brought to trial before a jury.
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Appeal from a judgment of the circuit court for Marinette county: W. B. Quinlan, Circuit Judge. A general demurrer to the complaint was overruled hy this court upon a former appeal in the present action. 156 Wis. 507, 145 N. W. 1081. After the return of the case to the circuit court it was brought to trial before a jury. The plaintiff’s proof tended to show that he was the father of Gregory Legault, a boy nine years of age, who was bitten by a dog kept by the defendant, and thereafter died. Proof was also made of medical and funeral'charges. A motion for nonsuit was made on two grounds: (1)…
1Opinion of the Court
Winslow, O. J.
The complaint in the action is the same as it was when the case was before us upon a general demurrer. The damages which it seeks to recover are the expenses *60of the medical treatment and the value of the boy’s services during minority and which have been lost by reason of his death. No claim is made for the value of his services during his illness. The burden of the complaint is the recovery of death damages pure and simple under what is familiarly known as Lord Campbell’s Act. Secs. 4255, 4256, Stats.
This complaint was sustained by this court against general demurrer upon the…
2Cases cited5 opinions
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891
- Elliott v. HerzMichigan Supreme Court · 1874
- Van Etten v. NoyesAppellate Division of the Supreme Court of the State of New York · 1908
- Harris v. HoytWisconsin Supreme Court · 1915
3Cited by17 opinions
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Nelson v. HansenWisconsin Supreme Court · 1960
- Mayer v. HipkeWisconsin Supreme Court · 1924
- Neuser v. ThelenWisconsin Supreme Court · 1932
- Janssen v. VossWisconsin Supreme Court · 1926
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