Reif v. Paige
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. During the afternoon of December 3, 1880, a hotel in the •city of Oshkosh, known as the “ Beckwith House,” was de■stroyed by fire. The defendant and his wife lived in this hotel, occupying rooms in the fourth story. When the fire broke out Mrs. Paige was in those rooms and perished in the flames.
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APPEAL from the Circuit Court for Winnebago County. During the afternoon of December 3, 1880, a hotel in the •city of Oshkosh, known as the “ Beckwith House,” was de■stroyed by fire. The defendant and his wife lived in this hotel, occupying rooms in the fourth story. When the fire broke out Mrs. Paige was in those rooms and perished in the flames. The members of the fire department of Oshkosh placed a ladder at a window near where Mrs. Paige was supposed to be, and at least two fireman attempted to enter the window and rescue her, but were driven back by the smoke .and flames. The ladder was…
1Opinion of the CourtLyoN, J.
1. It is maintained on behalf of the defendant that in no event was there a cause of action against him until after due notice to him that the plaintiff had rescued the body of his wife from the flames, with knowledge of the offer of a reward for so doing, and on the faith of that offer; in other words, that such notice is a condition precedent to the plaintiffs right of action. If this position is correct, the performance of such condition precedent must be averred in the complaint, either specifically or by authorized general averment, and, if denied, must be proved on the trial, or the…
2Cited by11 opinions
- Zwolanek v. Baker Manufacturing Co.Wisconsin Supreme Court · 1912
- Kinn v. First National Bank of Mineral PointWisconsin Supreme Court · 1903
- County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
- Young v. City of MankatoSupreme Court of Minnesota · 1905
- Everman v. HymanIndiana Court of Appeals · 1891
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