Smith v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. The facts alleged in tbe complaint will sufficiently "appear from tbe opinion of the court. A demurrer to tbe complaint as not stating a cause of action against tbe defendant, was overruled, and tbe defendant appealed. argued, among other things, that tbe rights of tbe parties to tbe award and settlement mentioned in tbe complaint are to be determined by tbe express terms of such award and settlement.
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APPEAL from tbe Circuit Court for Bock County. The facts alleged in tbe complaint will sufficiently "appear from tbe opinion of the court. A demurrer to tbe complaint as not stating a cause of action against tbe defendant, was overruled, and tbe defendant appealed. argued, among other things, that tbe rights of tbe parties to tbe award and settlement mentioned in tbe complaint are to be determined by tbe express terms of such award and settlement. If we look upon it in tbe light of an award, and if it is explicit in its terms and unambiguous, and its true meaning apparent without a resort to…
1Opinion of the Court
By the Court,
Paine, J.
This was a demurrer to a complaint, which was overruled, and the defendant appeals. The first question to be determined is, whether the complaint shows a good claim against the Chicago, St. Paul & Pond du Lac Bail-road Company. It ..shows for the first cause of action, that the plaintiff had recovered a judgment of more than $120,000 *20against the Rock River Valley Union R. R. Company, to wbicb the Chicago, St. Paul & Fond du Lac R. R. Co. was the successor; that the latter applied to have said judgment set aside and for leave to defend, which was granted; and that while…
2Cases cited1 opinion
- Vilas v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1863
3Cited by18 opinions
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
- Stein v. BenedictWisconsin Supreme Court · 1892
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