Legal Opinion

Regan v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided March 24, 1881PublishedCited by 20 opinions

APPEAL from the Circuit Court for Wauhesha County. Plaintiff appealed from an order sustaining a demurrer to the complaint. The case is stated in the opinion.

1Opinion of the CourtCole, C. J.

This is an action under sections 12 and 13, ch. 135, Tay. Stats., for the wrongful and negligent killing of the plaintiff’s intestate by the servants of the defendant corporation. On demurrer, the complaint was held bad as not stating a cause of action. The specific objection taken and relied on in this court is, that no facts are set forth in the complaint which show that the beneficiaries designated in the statute have sustained any pecuniary injury by the death of the intestate. It is insisted by the ingenious counsel for the defendant, that in actions of this nature it is essential to…

2Cases cited5 opinions

  1. Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
  2. Quin v. . MooreNew York Court of Appeals · 1857
  3. Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
  4. Safford v. DrewThe Superior Court of New York City · 1854
  5. Kelley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880

3Cited by20 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
  2. Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  3. Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
  4. Johnson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
  5. Richardson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1913

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