Lipps v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: JoHN J. Geegory, Circuit Judge. Action, by guardian ad litem, to recover damages for personal injuries sustained on defendant’s car by plaintiff on September 5, 1912, while a foetus en ventre sa mere of tbe age of about five months and before she could have been born .viable. Plaintiff’s father and mother settled with tbe defendant for the damage sustained by them.
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Appeal from a judgment of tbe circuit court for Milwaukee county: JoHN J. Geegory, Circuit Judge. Action, by guardian ad litem, to recover damages for personal injuries sustained on defendant’s car by plaintiff on September 5, 1912, while a foetus en ventre sa mere of tbe age of about five months and before she could have been born .viable. Plaintiff’s father and mother settled with tbe defendant for the damage sustained by them. In due course of time plaintiff was bom, and it is alleged tbat she suffers from epileptic fits as a direct result of tbe prenatal injuries received. Defendant…
1Opinion of the CourtViNje, J.
But few cases of this kind are found in the reports though there must have been many occasions for bringing them had it been generally considered by the legal profession that a cause of action accrues to a child for injuries received before birth. This paucity of cases, however, does not-determine the right to maintain such an action, but it does' indicate, no doubt, the general view relative thereto held by the legal profession. Our attention was called by counsel on both sides to hut sis cases involving the question under consideration. Independent search has failed to find others directly…
2Cases cited5 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Buel v. United Railways Co.Supreme Court of Missouri · 1913
- Gorman v. BudlongSupreme Court of Rhode Island · 1901
- Nugent v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by32 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Amann v. FaidyIllinois Supreme Court · 1953
- Bonbrest v. KotzDistrict Court, District of Columbia · 1946
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