Rudiger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dunn county: E. B. Bundy, Circuit Judge. The plaintiff brought this action in her representative capacity as administratrix of the estate of her deceased husband, Leopold Eudiger, to recover damages sustained by his death, occurring at St. Paul, Minn., but which was caused by the wrongful, careless, and negligent acts and omissions of the defendant, occurring upon the line of its railway, between Eoberts and Hammond, in…
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Appeal from an order of the circuit court for Dunn county: E. B. Bundy, Circuit Judge. The plaintiff brought this action in her representative capacity as administratrix of the estate of her deceased husband, Leopold Eudiger, to recover damages sustained by his death, occurring at St. Paul, Minn., but which was caused by the wrongful, careless, and negligent acts and omissions of the defendant, occurring upon the line of its railway, between Eoberts and Hammond, in Visconsin, and while he was there a passenger on its train of cars. A demurrer to the plaintiff’s complaint upon the ground that…
1Opinion of the CourtPinney, J.
Sec. 4255, S. & B. Ann. Stats., provides that: “ Whenever the death of a person shall be caused by a wrongful act, neglect or default, and the act, neglect or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this state, and…
2Cases cited8 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- Vancouver Steamship Co. v. RiceSupreme Court of the United States · 1933
- Nancy L. Tillett, Administratrix of the Estate of Stephen M. Tillett v. J.I. Case CompanyCourt of Appeals for the Seventh Circuit · 1985
- Schnabl v. Ford Motor Co.Wisconsin Supreme Court · 1972
- Hailey Marie-Joe Force v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2014
12 more not listed; retrieve them via the Exa API.