Kelley v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tlie Comity Court of Milwaukee County. Defendant appealed from an order overruling its demurrer to the complaint. The case is thus stated by Mr. Justice Taylor: “The complaint is intended to set forth a cause of action for negligently killing or causing the death of John Larkin, of whom the respondent is the personal representative.
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APPEAL from tlie Comity Court of Milwaukee County. Defendant appealed from an order overruling its demurrer to the complaint. The case is thus stated by Mr. Justice Taylor: “The complaint is intended to set forth a cause of action for negligently killing or causing the death of John Larkin, of whom the respondent is the personal representative. The complaint sets out the appointment of the respondent as the administrator of John Larkin, deceased, and alleges that he left no widow surviving him, but that he left one child, his only lineal descendant, of the age of three years. It then sets out…
1Opinion of the CourtTayiob, J.
The learned counsel for the appellant allege two reasons why, in their opinion, the complaint does not state a cause of action, and why the court below should have sustained the demurrer: first, because the facts set out in the complaint conclusively show that the death of the intestate was the result of his own carelessness, and not of the carelessness or negligence of the company or its other employees; and second, because the facts stated do not show that the surviving infant son of the deceased has suffered any pecuniary damage by reason of his father’s death.
It is alleged in the…
2Cases cited1 opinion
- Safford v. DrewThe Superior Court of New York City · 1854
3Cited by8 opinions
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Regan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Tuteur v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Baltimore & Potomac Railroad v. GolwayCourt of Appeals for the D.C. Circuit · 1895
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