Shenners v. West Side Street Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff, who is a minor three years of age, by his guardian ad litem, brings this action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant company, which operates a line of street railway in the city of Milwaukee. The complaint contains in form two counts for the same cause of action.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff, who is a minor three years of age, by his guardian ad litem, brings this action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant company, which operates a line of street railway in the city of Milwaukee. The complaint contains in form two counts for the same cause of action. The first count alleges only the negligence of the driver of the car which ran against the plaintiff and inflicted the injuries complained of. The second count alleges the negligence of the defendant…
1Opinion of the CourtLvoN, J.
Inasmuch as the determination of the motion to dismiss involves a consideration of the merits of the appeal, the case will first be considered on the merits.
I. Both counts allege that the negligence of the driver was the proximate cause of the injury. The second count further alleges that Clybourn street, at the place where the plaintiff was injured, and the car which ran against and injured him, were out of repair, and that the defendant was negligent in allowing them to remain so. But it is not alleged therein, either expressly or by reasonable inference, *449that such conditions of the street…
2Cases cited1 opinion
- Muzzy v. LedlieWisconsin Supreme Court · 1868
3Cited by1 opinion
- Schultz v. KosbabWisconsin Supreme Court · 1905