Fitts v. Waldeck
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action under E. S., secs. 4255, 4256, to recover damages for the death of plaintiff’s intestate, John Schantin, alleged to have been caused by negligence of the defendants.
Read the full summary
APPEAL from the County Court of Milwaukee County. Action under E. S., secs. 4255, 4256, to recover damages for the death of plaintiff’s intestate, John Schantin, alleged to have been caused by negligence of the defendants. The complaint alleges the death of the plaintiff’s intestate, leaving surviving him a widow and two minor children, the due appointment and qualification of the plaintiff as the administrator of his estate; that defendants were partners in the ownership and operation of a distillery in the city of Milwaukee at the date of the intestate’s death; and that the deceased was…
1Opinion of the CourtLyon, J.
1. The fact that the negligence and want of skill of the defendant’s engineer, Kroeger, caused the death of Schantin, the plaintiff’s intestate, is alleged in the complaint in very general terms. The precise act or omission which caused the boiler to explode is not stated. Yet it is very probable that the plaintiff has only general knowledge or information on the subject, and that he has made the averment in that behalf as specific as he could in a complaint verified by himself. Rut, however that may be, we think the averment that the engineer so recklessly, negligently and unskilfully…
2Cited by9 opinions
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Hills v. ShawOregon Supreme Court · 1913
- Young v. LynchWisconsin Supreme Court · 1886
- Olson v. Phoenix Manufacturing Co.Wisconsin Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.