Smith v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Tbis action was commenced against defendant, a railroad corporation, to recover for personal injuries alleged to bave been sustained by plaintiff.
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Appeal from an order of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Tbis action was commenced against defendant, a railroad corporation, to recover for personal injuries alleged to bave been sustained by plaintiff. Tbe complaint alleges tbat tbe injuries were sustained on tbe Jtb day of February, 1899, while plaintiff was a passenger on defendant’s road; tbat shortly after tbe injury considerable correspondence was bad between the plaintiff’s attorney and defendant’s claim agent, Hinsey, concerning tbe injury, and that'notice of tbe injury was given to Hinsey; tbat…
1Opinion of the CourtKerwiN, J.
Tbe only questions presented are: first, whether notice of injury served up&n Ilinsey, claim agent, was sufficient; second, if not, whether notice had been waived.
1. The first question turns on the construction of subd. 5, sec. 4222, Stats. 1898, which reads as follows:. . No action to recover damages for an injury to the person shall be maintained unless, within one year after the happening of tbe event causing such damages, notice in writing, signed by the party damaged, his agent or attorney, shall be served upon the person or corporation by whom it is claimed such damage was caused,…
2Cases cited13 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- State v. HilmantelWisconsin Supreme Court · 1867
- Ogden v. GliddenWisconsin Supreme Court · 1859
8 more not listed; retrieve them via the Exa API.
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- Brunette v. BrunetteWisconsin Supreme Court · 1920
- Uhlenberg v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1909
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