Peake v. Buell
Wisconsin Supreme Court
Appeal from an order of the superior oourt of Milwaukee county: J. 0. Ludwig, Judge. The complaint alleges, in effect, that the defendant, September 7, 1893, owned the five-story brick store building, tvith basement, therein described, which was newly built; that the same was then occupied and used as a wholesale and retail furniture store, salesroom, and warehouse by tenants of the defendant; that some parts thereof remained unfinished and unplastered; that on September 7,…
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Appeal from an order of the superior oourt of Milwaukee county: J. 0. Ludwig, Judge. The complaint alleges, in effect, that the defendant, September 7, 1893, owned the five-story brick store building, tvith basement, therein described, which was newly built; that the same was then occupied and used as a wholesale and retail furniture store, salesroom, and warehouse by tenants of the defendant; that some parts thereof remained unfinished and unplastered; that on September 7, 1893, the deceased was a plasterer and a stone mason by trade; that on that day the deceased, together with this…
1Opinion of the CourtCassoday, J.
The portions of the complaint alleging, in effect, that it was the duty of the defendant to erect, put up, and maintain guards, locks, bolts, bars, defenses, and ¡protection over and above the window mentioned and the opening into the elevator shaft thereby caused, and that he disregarded and neglected such duty by allowing the window to remain open and unguarded, must be regarded as the pleader’s conclusions of law from the facts therein alleged. While a general demurrer is an admission of all facts stated in the pleading demurred to, yet it does not admit such mere conclusions of law. Pratt…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
- Cole v. McKeyWisconsin Supreme Court · 1886
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Dowd v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Grossenbach v. Devonshire Realty Co.Wisconsin Supreme Court · 1935
- Mazey v. LovelandSupreme Court of Minnesota · 1916
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Aron v. City of WausauWisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.