Matson v. Dane County
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This action was brought by plaintiffs to recover for the death of their two children. The children were drowned in a water-hole on the premises of Mary Connor, adjoining a state trunk highway in the town of Windsor-in Dane County.
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This action was brought by plaintiffs to recover for the death of their two children. The children were drowned in a water-hole on the premises of Mary Connor, adjoining a state trunk highway in the town of Windsor-in Dane County. Plaintiffs claim ten separate causes of action, namely: (1) Private nuisance; (2) unlawful obstruction and diversion of the flow of water; (3) unlawful removal of lateral support; (4) failure to repair after notice of defect and the result thereof; (5) negligence. The second…
1Opinion of the CourtSiebecker, C. J.
A preliminary question of pleading arises upon the allegations of the complaint. The pleader has set out the facts constituting the subject of controversy upon which relief is demanded. If the pleader had not attempted to repeat these facts after treating them as the first cause of action, in an attempt to allege nine additional causes of action, the subject would not have challenged our attention. The circuit court deals with the ten separate *524demurrers interposed to the ten alleged causes of action, sustaining the demurrers to the fourth, fifth, ninth, and tenth alleged causes, and…
2Cases cited15 opinions
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- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
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- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
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3Cited by22 opinions
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