Robertson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. This is an appeal from an order overruling a demurrer to the complaint alleging, in effect, that during all the times therein mentioned the defendant was a corporation duly organized and existing under and by virtue of the laws of this state, and owned and operated a railway from Hudson, through Eau Claire, and through the village and station of Fairchild, to Elroy; that August 29,…
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Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. This is an appeal from an order overruling a demurrer to the complaint alleging, in effect, that during all the times therein mentioned the defendant was a corporation duly organized and existing under and by virtue of the laws of this state, and owned and operated a railway from Hudson, through Eau Claire, and through the village and station of Fairchild, to Elroy; that August 29, 1902, near Fairchild, aforesaid, the plaintiff’s intestate, John Robertson, came to bis death, he then being a resident…
1Opinion of the CourtCassoday, C. J.
1. Two grounds of demurrer are assigned. One is that the complaint does not state facts sufficient to constitute a cause of action. There is no claim that it states a cause of action which would have survived under see. 4253, Stats. 1898. A cause of action which so survives has been held to be a cause of action possessed by the deceased person, and preserved for the benefit of his estate. Lehmann v. Farwell, 95 Wis. 185, 70 N. W. 170; Brown v. C. & N. W. R. Co. 102 Wis. 137, 149, 153, 164, 171, 77 N. W. 748, 78 N. W. 771. In the case at baf the plaintiff claims the right to recover under…
2Cases cited20 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Truesdill v. RoachWisconsin Supreme Court · 1960
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Ghilain v. CoutureSupreme Court of New Hampshire · 1929
- Hughes v. FetterWisconsin Supreme Court · 1950
- Kerr v. BashamSouth Dakota Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.