Gatzweiler v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Milwaukee county: Orrew T. Williams, Circuit Judge. Action to recover for a personal injury claimed to have been produced by defendant’s negligence. The complaint stated facts sufficient to constitute a cause of action.
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Appeal from an. order of the circuit court for Milwaukee county: Orrew T. Williams, Circuit Judge. Action to recover for a personal injury claimed to have been produced by defendant’s negligence. The complaint stated facts sufficient to constitute a cause of action. Defendant answered in abatement that plaintiff when he was injured was possessed of a policy of accident insurance or contract to indemnify him against such injuries as the one in question, and that pursuant thereto before the action was commenced he received from the insurance company $2,500 on account of his injury, and that by…
1Opinion of the CourtMaeshall, J.
The appeal presents the question of whether the rule that when an insurance company has been compelled to pay or has paid a loss covered by its policy, it is thereby subrogated to the rights of the insured to the extent of such payment against a third person who wrongfully caused the loss, applies to a payment made by an accident insurance company on its policy to a person wrongfully injured by another. The rule in case of fire insurance risks is well settled. Swarthout v. C. & N. W. R. Co. 49 Wis. 625, 6 N. W. 314; Hustisford F. Mut. Ins. Co. v. C., M. & St. P., R. Co. 66 Wis. 58, 28 N. W.…
2Cases cited12 opinions
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Aetna Life Insurance v. J. B. Parker & Co.Texas Supreme Court · 1903
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Emerick v. CoakleyCourt of Appeals of Maryland · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Lambert v. WrenschWisconsin Supreme Court · 1987
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Crab Orchard Improvement Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1940
- DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.District Court of Appeal of Florida · 1966
- Cunningham v. Metropolitan Life InsuranceWisconsin Supreme Court · 1985
40 more not listed; retrieve them via the Exa API.