Phillips v. Portage Transit Co.
Wisconsin Supreme Court
Appeal from orders and a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This action was commenced for the recovery of damages on account of personal injuries alleged to have been sustained by plaintiff, Frarilc Phillips, at De Pere, Wisconsin, on or about the 11th day of August, 1906, through the negligence •of defendant.
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Appeal from orders and a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This action was commenced for the recovery of damages on account of personal injuries alleged to have been sustained by plaintiff, Frarilc Phillips, at De Pere, Wisconsin, on or about the 11th day of August, 1906, through the negligence •of defendant. The summons was served by the sheriff of Manitowoc county upon one W. J. Cowles, captain of defendant’s steamer, on the ,28th day of September, 1906, at the oily of Manitowoc, Manitowoc county, Wisconsin. The ■complaint was not served witb tbe…
1Opinion of the CourtKeewiN, J.
1. Tbe first claim made by counsel for appellant is that tbe order refusing to set aside tbe service of tbe summons was erroneous. This claim is based upon the contention that tbe captain was not a person, within tbe meaning of tbe statute, upon whom service could be made. Subd. , .13, sec. 2637, Stats. (1898), provides, in effect, that service *192upon a foreign corporation of a class to wbicb the defendant-belongs may be made upon any agent having charge of or conducting any business for such corporation within the state. It appears very clearly from the record that the captain of the boat was…
2Cases cited11 opinions
- Turner v. CookIndiana Supreme Court · 1871
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- Kremer v. SponholzWisconsin Supreme Court · 1906
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