Legal Opinion

Quinn v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided February 1, 1910PublishedCited by 22 opinions

Appeal from a judgment of the circuit court for Iowa county: G-eoRge Clementsoh, Circuit Judge. The claim of the plaintiff was that on the 25th day of June, 1907, Stephen Quinn was injured by actionable negligence of the defendant. He commenced an action to recover compensation therefor. Pending the action, he died by reason of his injuries, leaving no lineal descendants-or ancestors, hut leaving two sisters.

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Appeal from a judgment of the circuit court for Iowa county: G-eoRge Clementsoh, Circuit Judge. The claim of the plaintiff was that on the 25th day of June, 1907, Stephen Quinn was injured by actionable negligence of the defendant. He commenced an action to recover compensation therefor. Pending the action, he died by reason of his injuries, leaving no lineal descendants-or ancestors, hut leaving two sisters. The action was revived in favor of his personal representative and a supplemental complaint served con-taming the old canse of action and a second supposed cause for recoverable damages…

1Opinion of the CourtMarshall, J.

Appellant submits for decision this proposition : Does a law passed subsequent to the injury of a pérson and before his death resulting therefrom; the injury having been caused by negligence of another under such circumstances that had such person lived he could have recovered of such other compensation for his injury; creating a right of action for damages sustained by particular surviving relatives, apply to them ?

As indicated by the statement, when plaintiff’s intestate was injured, by the statutes of this state (secs. 4255, 4256, Stats. 1898) an action accrued to him to recover damages in…

2Cases cited10 opinions

  1. Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
  3. Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1909
  4. Gores v. GraffWisconsin Supreme Court · 1890
  5. Regan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Theodosis v. Keeshin Motor Express Co.Appellate Court of Illinois · 1950
  2. White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
  3. Becker v. Green CountyWisconsin Supreme Court · 1922
  4. Slate v. City of Ft. WorthCourt of Appeals of Texas · 1917
  5. Beausoleil's CaseMassachusetts Supreme Judicial Court · 1947

17 more not listed; retrieve them via the Exa API.

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