Legal Opinion

Keeley v. Great Northern Railway Co.

Wisconsin Supreme Court

Decided February 24, 1914PublishedCited by 17 opinions

Appeal from an order of tbe'circuit court for Douglas county: EeaNK A. Eoss, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint.

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Appeal from an order of tbe'circuit court for Douglas county: EeaNK A. Eoss, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint. Tbe complaint in substance set forth that on May 13, 1901, tbe busband of plaintiff, while in tbe employment of defendant, was killed in consequence of defendant’s negligence; that she brought an action against the defendant for damages under tbe death statute and recovered after a trial in which she was a witness in her own behalf with reference to formal and uncontested points, and in which an employee of the dé-fendant named ITarty…

1Opinion of the CourtTimlin, J.

The demurrer must he taken to admit the good character, chastity, and good reputation of the plaintiff and the falseness of the accusations against her contained in the affidavit of Sandager, also the agency of the defendant’s attorneys for defendant in procuring and filing this affidavit and the ratification by defendant of their acts in so doing by neglect, after notice, to take any action to withdraw or repudiate said affidavit or the libelous statements therein contained. On the other hand, it cannot he taken to admit the pleader’s conclusions that the affidavit and its contents were…

2Cases cited15 opinions

  1. Myers v. HodgesSupreme Court of Florida · 1907
  2. Calkins v. SumnerWisconsin Supreme Court · 1860
  3. McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
  4. Schultz v. StraussWisconsin Supreme Court · 1906
  5. Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1909

10 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Holmes v. EddyCourt of Appeals for the Fourth Circuit · 1965
  2. Converters Equipment Corp. v. Condes Corp.Wisconsin Supreme Court · 1977
  3. Bromund v. HoltWisconsin Supreme Court · 1964
  4. State v. Cardenas-HernandezWisconsin Supreme Court · 1998
  5. Bergman v. HupyWisconsin Supreme Court · 1974

12 more not listed; retrieve them via the Exa API.

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