Troschansky v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county; OeeeN T. WilliaMS, Judge. Action for personal injuries. The complaint sets out the facts, which, if proven, indicate that the defendant is liable for injuries sustained by plaintiff from being violently thrown from a street car on April 12,1898. It further appears that he was a minor; that on May I, 1900, a guardian ad litem, was appointed; and that on May 9,1900, a notice was served on defendant, presumably in…
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Appeal from an order of the superior court of Milwaukee county; OeeeN T. WilliaMS, Judge. Action for personal injuries. The complaint sets out the facts, which, if proven, indicate that the defendant is liable for injuries sustained by plaintiff from being violently thrown from a street car on April 12,1898. It further appears that he was a minor; that on May I, 1900, a guardian ad litem, was appointed; and that on May 9,1900, a notice was served on defendant, presumably in compliance with the requirements of ch. 304, Laws 1897, now included in sec. 4222, Stats. 1898. No question is raised as…
1Opinion of the CourtBardeek, J.
The demurrer in this action is 'based upon subd. 7, sec. 2649, Stats. 1898, which provides that a defendant may demur to the complaint when it shall appear upon the face thereof “ that the action was not commenced within the time limited by law.” In the case of Meisenheimer v. Kellogg, 106 Wis. 30, this court expressed doubt whether an objection that the notice required by sec. 4222 had not been given could be taken by demurrer. Further consideration convinces us that the doubt thus expressed is of such substantial character that it cannot be removed. We have said in several cases that the…
2Cases cited3 opinions
- Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899
- Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Meisenheimer v. KelloggWisconsin Supreme Court · 1900
3Cited by14 opinions
- Snopek v. LAKELAND MEDICAL CENTERWisconsin Supreme Court · 1999
- Rouse v. Theda Clark Medical Center, Inc.Wisconsin Supreme Court · 2007
- Ocampo v. City of RacineWisconsin Supreme Court · 1965
- Hoffmann v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1906
- Maurer v. Northwestern Iron Co.Wisconsin Supreme Court · 1912
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