Pratt v. Radford
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action to recover damages' for tbe burning of plaintiff’s mill by reason of alleged negligence of tbe defendants.
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APPEAL from tbe Circuit Court for Winnebago County. Action to recover damages' for tbe burning of plaintiff’s mill by reason of alleged negligence of tbe defendants. Tbe damages are laid at §22,250. Tbe defendants answered in abatement, that, at tbe time of the burning, plaintiff held, eleven policies of insurance on bis mill, issued by legally organized companies, and then in full force, to an aggregate amount of $13,000 (tbe name of each company and the amount of insurance in each being stated); that before this action was commenced, each of said companies paid plaintiff twenty-five…
1Opinion of the CourtLyon, J.
There is but a single cause of action stated in the complaint, to wit, the negligence of the defendants which resulted in the destruction of the plaintiff’s mill. Our statutes provide that “ every action must be prosecuted in the name of the real party in interest ” (R. S., 714, sec. 2605), except that “ an executor .or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted.” Section 2607. Section 2604 provides that, “ of the parties to the action, those who are united in…
2Cases cited1 opinion
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
3Cited by17 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Patitucci v. GerhardtWisconsin Supreme Court · 1932
- Phenix Insurance v. Pennsylvania RailroadIndiana Supreme Court · 1893
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