Schmidt v. Wisconsin Sugar Co.
Wisconsin Supreme Court
'Appeal from an order of the circuit court for. Milwaukee county: Gustave G. Gei-irz, Circuit Judge. The plaintiff was the mother and subsequently appointed administratrix of the estate of one Fred S. Schmidt, who was on June 21, 1919, just under twelve years of age and on that day killed by a collision between an automobile he was then driving and a passenger train on a highway in Milwaukee county.
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'Appeal from an order of the circuit court for. Milwaukee county: Gustave G. Gei-irz, Circuit Judge. The plaintiff was the mother and subsequently appointed administratrix of the estate of one Fred S. Schmidt, who was on June 21, 1919, just under twelve years of age and on that day killed by a collision between an automobile he was then driving and a passenger train on a highway in Milwaukee county. The defendant Walter Schmidt is administrator of the estate of one John Schmidt, deceased, who was in the automobile at the same time, but such defendant is not concerned with this appeal. The…
1Opinion of the CourtEschweiler, J.
Giving this complaint the most liberal construction to which it is entitled under our rules, it must nevertheless be held that it fails to state sufficient facts upon which a legal conclusion could be based that there was by defendant (respondent here) any unlawful employment of Fred S. Schmidt, a minor, so that the accident in question could create a liability on its part for either of the alleged causes of action. This view makes it unnecessary to'pass upon any other question presented on this appeal.
Assuming, but only for the present purpose,' that the complaint sufficiently states an…
2Cases cited10 opinions
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
- Emond v. Kimberly-Clark Co.Wisconsin Supreme Court · 1914
- Steinkrause v. EcksteinWisconsin Supreme Court · 1920
- Pizzo v. WiemannWisconsin Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hopkins v. DroppersWisconsin Supreme Court · 1924
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- Canzoneri v. HeckertWisconsin Supreme Court · 1936
- Reque v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
- Fitzpatrick v. RiceWisconsin Supreme Court · 1956
1 more not listed; retrieve them via the Exa API.