Saudek v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscae M. Reitz, Circuit Judge. Action to recover damages for the death of plaintiff’s husband, who at the time of his death was in the employ of the city of Milwaukee as a lineman, and who met his death, it is alleged, through the negligence of the defendant. The deceased was under the Workmen’s Compensation Act, and plaintiff received from the city the sum of $3,000, the amount due her under the act.
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Appeal from an order of the circuit court for Milwaukee county: Oscae M. Reitz, Circuit Judge. Action to recover damages for the death of plaintiff’s husband, who at the time of his death was in the employ of the city of Milwaukee as a lineman, and who met his death, it is alleged, through the negligence of the defendant. The deceased was under the Workmen’s Compensation Act, and plaintiff received from the city the sum of $3,000, the amount due her under the act. Subsequently the city assigned to her its cause of action under an agreement as follows: “In consideration of the covenants herein…
1Opinion of the CourtViNJE, J.
By virtue of the payment made by the city to the plaintiff of $3,000 in full for all claims by her against it under the Workmen’s Compensation Act her cause of action against the defendant passed to the city and became its property to be dealt with by it the same as any other property of a like kind. McGarvey v. Independent O. & G. Co. 156 Wis. 580, 146 N. W. 895. The first claim of the defendant is that the reassignment of the cause of action to plaintiff is virtually a gift to her of public property for private purposes. Her deceased husband was only thirty-one years of age at the time of…
2Cases cited3 opinions
- Wisconsin Zinc Co. v. Fidelity & Deposit Co. of MarylandWisconsin Supreme Court · 1916
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
- Rucker v. BollesCourt of Appeals for the Eighth Circuit · 1897
3Cited by4 opinions
- Martell v. KutcherWisconsin Supreme Court · 1928
- Johanson Et Ux. v. Cudahy Packing Co.Utah Supreme Court · 1941
- Frankfort General Insurance v. City of MilwaukeeWisconsin Supreme Court · 1916
- City of Milwaukee v. Boynton Cab Co.Wisconsin Supreme Court · 1930