Astin v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: Geobge Geimm:, Circuit Judge. Action to recover compensation for damages alleged to bave been caused to tbe surviving widow of plaintiff’s intestate by tbe wrongful conduct of defendant’s employees, causing bis death.
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Appeal from a judgment of tbe circuit court for Rock county: Geobge Geimm:, Circuit Judge. Action to recover compensation for damages alleged to bave been caused to tbe surviving widow of plaintiff’s intestate by tbe wrongful conduct of defendant’s employees, causing bis death. Tbe complaint states a cause of action based on tbe theory “that ordinary negligence of defendant’s servants was tbe proximate cause of tbe death of plaintiff’s intestate, and a •second cause of action grounded on tbe theory that gross negligence of such servants was such cause, in that they, in utter ■disregard of the…
1Opinion of the Court
Mabshali,, I.
-If a person, owing a duty to another respecting that other’s personal safety, violates it, inflicting-upon such other corporal injury, under such circumstances-that it is difficult for him, by the aid of professional advice,, to satisfactorily determine whether the violation was characterized by what is known as gross negligence, or by the milder type of wrong denominated ordinary negligence,- — may such person have the wrong, whatever be its nature, redressed in a single action to recover for his injury, pleading in one cause of action liability on the ground of gross…
2Cases cited25 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
20 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Weber v. PinyanCalifornia Supreme Court · 1937
- Helme v. Great Western Milling Co.California Court of Appeal · 1919
- Cook v. KINZUA PINE MILLS CO.Oregon Supreme Court · 1956
- Bentson v. BrownWisconsin Supreme Court · 1925
34 more not listed; retrieve them via the Exa API.