George v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County.' The complaint alleges that on July 15, 1875, the servants of the defendant company negligently ran a train of cars over the plaintiff’s intestate, Richard George, and killed him. Due appointment of the plaintiff as administrator of the estate of the deceased, on the 4th of October, 1879, is also alleged. The action was brought under the statute to recover damages for such killing.
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APPEAL from the Circuit Court for Waukesha County.' The complaint alleges that on July 15, 1875, the servants of the defendant company negligently ran a train of cars over the plaintiff’s intestate, Richard George, and killed him. Due appointment of the plaintiff as administrator of the estate of the deceased, on the 4th of October, 1879, is also alleged. The action was brought under the statute to recover damages for such killing. The defendant demurred to the complaint, on the ground that it appeared on the face thereof that the action was not commenced within the time limited by law. The…
1Opinion of the CourtLyon, J.
This action was brought under the provisions of R. S., sees. 4255, 4256. The same statute stands in the revision of 1858 as sections 12 and 13 of chapter 135. Section 13 contains the following proviso: “Every such action shall be commenced within two years after the death of such deceased person.” This limitation is incorporated in the present revision in section 4224, subd. 3.
The action is purely statutory, and can only be maintained on the terms and conditions, and under the circumstances, specified in the statute. The limitation of two years therein prescribed is absolute and…
2Cases cited1 opinion
- Howell v. HowellWisconsin Supreme Court · 1861
3Cited by19 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
- State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
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