Brown v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL'from the Circuit Court for Juneau County! The pleadings are thus stated by Mr. Justice TayloR: “The cause of action in this case will be best stated by giving a copy of the complaint, which sets forth fully the facts ■ upon which a recovery is sought.
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APPEAL'from the Circuit Court for Juneau County! The pleadings are thus stated by Mr. Justice TayloR: “The cause of action in this case will be best stated by giving a copy of the complaint, which sets forth fully the facts ■ upon which a recovery is sought. After stating the incorporation of the defendant, and alleging that it was a common carrier of passengers in this state, the complaint proceeds as follows: ‘That said plaintiffs, on or about the 2d day of October, 1879, desired to go to Mansion, aforesaid, from the said village of Kilbourn City, and for that purpose bought and paid about…
1Opinion of the Court
The following opinion was filed January 10,1882:
Taylor, J.
Upon this appeal the learned counsel for'the railway company insisted that the damages claimed for the sickness of the wife, and for her medical attendance and care, are too remote to constitute a cause of action, and that it was error on the part of the court below not to take that part of the case from- the jury.
The first position taken by the learned counsel for the appellant is, that the cause of action set out in the plaintiffs’ complaint is for a breach of contract, and not an action in tort. Upon this point we cannot agree with…
2Cases cited27 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
22 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Boyce v. . Greeley Square Hotel Co.New York Court of Appeals · 1920
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
82 more not listed; retrieve them via the Exa API.