Morey v. Lake Superior Terminal & Transfer Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: Chaeles Smyth, Judge. Tbis is an action to recover damages for personal injuries. The defendant demurred to the complaint upon tbe ground that it did not state facts sufficient to constitute a cause of action.
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Appeal from an order of the superior court of Douglas county: Chaeles Smyth, Judge. Tbis is an action to recover damages for personal injuries. The defendant demurred to the complaint upon tbe ground that it did not state facts sufficient to constitute a cause of action. It is alleged that the defendant is a corporation organized under the laws of this state and operating a railroad in the city of Superior; that plaintiff, a boy of the age of twelve years at the time of the accident, did then reside and now resides in the city of Superior; that defendant’s railroad tracks run east and west…
1Opinion of the CourtSiebecKER, J.
It is strenuously urged by the defendant that this action cannot be maintained, because the cause of action pleaded is covered and concluded by a judgment of this court on an appeal in a former action, and that therefore the rule of res adjudícala applies to all questions involved in this case. This action is wholly independent of and in no way connected with the other and former action referred to. Nothing in the case shows that it is the same cause of action as is embraced in the judgment so relied on. It appears that this is an original action, which has not been before this court, and…
2Cases cited20 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Motey v. Pickle Marble & Granite Co.Court of Appeals for the Eighth Circuit · 1896
15 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Stewart v. WulfWisconsin Supreme Court · 1978
- Hopkins v. DroppersWisconsin Supreme Court · 1924
- Butts v. WardWisconsin Supreme Court · 1938
- Pankopf v. HinkleyWisconsin Supreme Court · 1909
- Reino v. Montana Mineral Land Development Co.Montana Supreme Court · 1909
26 more not listed; retrieve them via the Exa API.