Legal Opinion

Woodward v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 38 opinions

APPEAL from tbe Circuit Court for Jefferson County. This was an action commenced in Rock county by Edmund E. Woodward, administrator, under sections 12 and 13, chapter 135, R. S., to recover damages resulting from the death of his intestate, Julia B. Woodward, charged by the complaint to have been killed in December, 1864, by the negligence of the defendant.

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APPEAL from tbe Circuit Court for Jefferson County. This was an action commenced in Rock county by Edmund E. Woodward, administrator, under sections 12 and 13, chapter 135, R. S., to recover damages resulting from the death of his intestate, Julia B. Woodward, charged by the complaint to have been killed in December, 1864, by the negligence of the defendant. The complaint alleged the survivorship of William P. Woodward, the husband of the deceased, and Horace W. Woodward, their only child, and claimed special damages-to the said William P. Woodward. After this court had reversed a decision of…

1Opinion of the Court

DixoN, O. J.

With respect to the persons to be benefited by the money recovered in an action of this nature, the statute of this state differs materially from that of New York, and from the English statute, 9th and 10th Victoria, chapter 93. The New York statute provides, that “ the amount recovered shall be for the exclusive benefit of the widow and next of kin, and shall be distributed in the proportions provided by law in relation to the distribution of personal property left .by an intestate.” The English statute declares, “that every such action shall be for the benefit of the wife,…

2Cited by38 opinions

  1. Bartholomew v. Wisconsin Patients Compensation Fund & Compcare Health Services InsuranceWisconsin Supreme Court · 2006
  2. Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  3. St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
  4. Kerner v. Trans-Mississippi Terminal R. Co.Supreme Court of Louisiana · 1925
  5. Hailey Marie-Joe Force v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2014

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