Kurath v. Gove Automobile Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. Action by tbe administrator of tbe estate of Matbias Ku-ratb, deceased, to recover damages sustained by tbe parents on account of tbe death of tbeir minor son, aged fifteen and one-balf years.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. Action by tbe administrator of tbe estate of Matbias Ku-ratb, deceased, to recover damages sustained by tbe parents on account of tbe death of tbeir minor son, aged fifteen and one-balf years. Tbe complaint alleges tbat on tbe 27 th day of September, 1908, while said Mathias Kurath, in tbe exercise of due care, was crossing Broadway street at tbe intersection of Ogden avenue, in Milwaukee, be was negligently run over and killed by one William Gaston, who was at tbe time of tbe accident a servant in…
1Opinion of the CourtVinje, J.
It will be seen from the foregoing statement-of facts that no appeal was taken from the constructive denial of defendant’s motion for a new trial. The appeal from the-judgment necessarily involves the merits of that denial. Billington v. Eastern Wis. R. & L. Co. 137 Wis. 416, 417, 119 N. W. 127. If that constructive denial were the only action, taken in the matter by the trial court on the motion we should have to deem it the exercise of its discretion adversely to the-defendant. Koch v. Wis. P. C. Co. 146 Wis. 267, 131 N. W. 404. But the trial court after the term, believing it had ju*393risdicti…
2Cases cited5 opinions
- Billington v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1909
- State ex rel. Kurath v. LudwigWisconsin Supreme Court · 1911
- Koch v. Wisconsin Pea Canners Co.Wisconsin Supreme Court · 1911
- Salladay v. Mineral Point Zinc Co.Wisconsin Supreme Court · 1908
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1908
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