Lueke v. Senn
Wisconsin Supreme Court
Appeal from an order of the circuit court for Brown county: Heery Graass, Circuit Judge. Malpractice. Demurrer. Briefly tibe complaint shows the following facts: That the defendant is a licensed physician and surgeon and that on the 9th day of July, 1913, he was called in consultation with a physician who had previously attended the plaintiff during childbirth; that at the solicitation of the defendant the plaintiff discharged her physician and employed defendant; that he…
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Appeal from an order of the circuit court for Brown county: Heery Graass, Circuit Judge. Malpractice. Demurrer. Briefly tibe complaint shows the following facts: That the defendant is a licensed physician and surgeon and that on the 9th day of July, 1913, he was called in consultation with a physician who had previously attended the plaintiff during childbirth; that at the solicitation of the defendant the plaintiff discharged her physician and employed defendant; that he represented himself to her as a very skilful man of remarkable ability in his profession ; that following her confinement…
1Opinion of the CourtRosenberry, J.
The trial court- was of tbe opinion tbat the pleader intended to plead ordinary negligence in the first causé of action and gross negligence in the second cause of action; that two good causes of action were stated, one for ordinary negligence and one for gross negligence, and that for that reason there was no improper joinder, and wholly overruled the demurrer.
That a cause of action based upon the same facts may be pleaded in the same complaint, first as creating a liability for ordinary negligence, and second as creating a liability for gross negligence, depending upon the inferences to be…
2Cases cited1 opinion
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
3Cited by1 opinion
- Nickley v. EisenbergWisconsin Supreme Court · 1931