Relyea v. Tomahawk Paper & Pulp Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Lincoln county: Chas. V. Babdeef, Circuit Judge. Action to recover compensation for a bodily injury received by plaintiff ■while in the employ of the defendant, alleged to have been caused by actionable negligence for which defendant is responsible. The facts stated in the complaint were sufficient to constitute a cause of action, unless ch. 304, Laws of 1897, applies.
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Appeal from an order of the circuit court for Lincoln county: Chas. V. Babdeef, Circuit Judge. Action to recover compensation for a bodily injury received by plaintiff ■while in the employ of the defendant, alleged to have been caused by actionable negligence for which defendant is responsible. The facts stated in the complaint were sufficient to constitute a cause of action, unless ch. 304, Laws of 1897, applies. It contains the following: “ No action to recover damages for an injury to the person shall be maintained unless, within one year after the happening of the event causing- such…
1Opinion of the CourtMarshall, J.
The sole question presented here is, Was plaintiff’s cause of action extinguished by the failure to serve a notice under ch. 304, Laws of 1897 ? The learned trial court decided that in the affirmative, basing his conclusion, probably, on Plum v. Fond du Lac, 51 Wis. 393; Reed v. Madison, 83 Wis. 171. They were cases involving the applicability of acts of the legislature adding new conditions precedent to the statutory right to compensation for personal injuries received on public highways on account of the insufficiency thereof. In the Plum Case the time left after the passage of the act, for…
2Cases cited8 opinions
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Converse v. Burrows & PrettymanSupreme Court of Minnesota · 1858
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Boldt v. StateWisconsin Supreme Court · 1981
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Flippin v. JarrellSupreme Court of North Carolina · 1980
- Hay v. City of BarabooWisconsin Supreme Court · 1906
30 more not listed; retrieve them via the Exa API.