Legal Opinion
Waube v. Warrington
Wisconsin Supreme Court
Decided January 8, 1935PublishedCited by 104 opinions
1Opinion of the CourtWickhem, J.
In the statement of facts in both briefs it is said that deceased was looking out the window of her house watching her child cross the highway, and witnessed the negligent killing of the child by defendant. While upon a demurrer the sole question is whether the facts alleged in the complaint state a cause of action, we consider that the statement of facts concurred in by plaintiff and defendant constitutes an informal amendment to the complaint by stipulation, and will determine the questions presented as though the complaint were amended to conform to the statement of facts.
*605The question…
2Cases cited35 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. HayterTexas Supreme Court · 1900
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3Cited by104 opinions
- Dillon v. LeggCalifornia Supreme Court · 1968
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Rodrigues v. StateHawaii Supreme Court · 1970
- Leong Ex Rel. Petagno v. TakasakiHawaii Supreme Court · 1974
- Amodio v. CunninghamSupreme Court of Connecticut · 1980
99 more not listed; retrieve them via the Exa API.