Fisher v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Personal injury. Demurrer to cross-complaint. The plaintiff claimed to have been injured on the 23d day of September, 1917, by being thrown from one of the cars of the Milwaukee Electric Railway & Light Company, hereafter. called the Light Company, through the negligent act of the Light Company.
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Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Personal injury. Demurrer to cross-complaint. The plaintiff claimed to have been injured on the 23d day of September, 1917, by being thrown from one of the cars of the Milwaukee Electric Railway & Light Company, hereafter. called the Light Company, through the negligent act of the Light Company. It is the contention of the Light-Company that the damages sustained by the plaintiff were due in part to the negligent treatment of plaintiff’s injuries by the defendant Rumph. After the commencement of the…
1Opinion of the CourtRosenberry, J.
The order appealed from appears to be inconsistent upon its face. If the cross-complaint be dis*60missed and Rumph be dismissed as a party, the Light Company could not plead over as provided for in the third provision of the order.
It is the contention of the Light Company that it has a remedy over against the defendant Rumph under the principles of subrogation and the provisions of secs. 2610 and 2656a, Stats. Under the facts that appear from the pleadings, it is plain that the plaintiff may recover her entire damages from the Light Company, even though they may have been caused in part by the…
2Cases cited8 opinions
- Bakula v. SchwabWisconsin Supreme Court · 1918
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- Brovan v. KyleWisconsin Supreme Court · 1917
- Defiance Machine Works v. GillWisconsin Supreme Court · 1920
- Fred Miller Brewing Co. v. KnebelWisconsin Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Herrero v. AtkinsonCalifornia Court of Appeal · 1964
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- Gertz v. CampbellIllinois Supreme Court · 1973
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- Chicago & Northwestern Railway Co. v. NYE Schneider Fowler Co.Supreme Court of the United States · 1922
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