Malloy v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was begun April 6, 1898, to recover damages for injuries received by the plaintiff November 14,1897, while operating a switch in defendant’s yard, alleged to have been defective and out of repair. The complaint alleged the giving of a notice of injury on April 4, 1898. The defendant answered this allegation by a general denial.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was begun April 6, 1898, to recover damages for injuries received by the plaintiff November 14,1897, while operating a switch in defendant’s yard, alleged to have been defective and out of repair. The complaint alleged the giving of a notice of injury on April 4, 1898. The defendant answered this allegation by a general denial. At the trial the plaintiff made proof of the accident, and introduced the notice of injury in evidence. This notice is conceded to be insufficient under Stats. 1898, sec.…
1Opinion of the CourtBaedeeN, J.
Sec. 4219, Stats. 1898, provides that“thé following actions must be commenced within the periods respectively hereinafter prescribed after the cause of action has accrued.” Sec. 4222 limits the time for the commencement of an action to recover damages for an injury to the person to six years. It also contains a provision as follows: ££No action to recover damages for an injury to-the person shall be maintained unless, within one year after the happening of.the event causing such damage, notice in writing, signed by the party damaged, his agent, or. attorney, shall *31be served' ... stating the…
2Cases cited10 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Gatzow v. BueningWisconsin Supreme Court · 1900
- State ex rel. Heiden v. RyanWisconsin Supreme Court · 1898
- Mayor of Jeffersonville v. WeemsIndiana Supreme Court · 1854
- Maysville & Lexington R. R. v. HerrickCourt of Appeals of Kentucky · 1877
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3Cited by24 opinions
- Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
- Mannino v. DavenportWisconsin Supreme Court · 1981
- Hoffmann v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1906
- Guile v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
- Maurer v. Northwestern Iron Co.Wisconsin Supreme Court · 1912
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