Meese v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Fand du Lao County. Action to recover damages accruing to the plaintiff by reason of injuries to liis wife caused by the defective condition of a public highway in the defendant city.
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APPEAL from tlie Circuit Court for Fand du Lao County. Action to recover damages accruing to the plaintiff by reason of injuries to liis wife caused by the defective condition of a public highway in the defendant city. The case is thus stated in part by Mr. Justice TayloR: ‘‘Some time in July, 1875, Elizabeth Meese, wife of the plaintiff in this action, was severely injured by being thrown from a buggy in which she was riding across one of the bridges in the city of Fond du Lac. The accident happened by reason of a defect in the bridge; and it is not seriously contended .by the learned…
1Opinion of the CourtTayloR, J.
The learned counsel for the appellant contends *327that chapter 96, Laws of 1873, now section 2680, E. S. 1878, is mandatory, and if the husband brings an action jointly with his wife to recover damages for an injury sustained by the wife, he must in such action claim his damages for loss of service of the wife, and his expenses for medical attendance, if he désires to recover damages on that account, or be>barred from recovering the same; that he cannot maintain a separate action in his own name to recover for loss of service, etc., and at the same time maintain a joint action in the name of…
2Cases cited4 opinions
- Meech v. . StonerNew York Court of Appeals · 1859
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Hodgman v. Western Rail RoadNew York Supreme Court · 1852
3Cited by9 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Fowlie v. First Minneapolis Trust Co.Supreme Court of Minnesota · 1931
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