Schneider v. Wisconsin Central Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. This is an action for negligently killing the plaintiff’s intestate, January 17, 1890, about 10 o’clock in the forenoon, at the point where the railway then operated by the defendant crossed the new Pond du Lac road in section 23 in the town of Germantown in the county of Washington.
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APPEAL from the Circuit Court for Washington County. This is an action for negligently killing the plaintiff’s intestate, January 17, 1890, about 10 o’clock in the forenoon, at the point where the railway then operated by the defendant crossed the new Pond du Lac road in section 23 in the town of Germantown in the county of Washington. The complaint alleges, in effect, the incorporation of such railway; the operation thereof by the defendant; the appointment and qualification of the plaintiff as such administrator ; that said railway ran in an easterly and westerly direction at the point in…
1Opinion of the CourtCassoday, J.
The defendant expressly disclaims any error by reason of the refusal to strike out a portion of the complaint as irrelevant. The defendant, in a case like this, undoubtedly has the right to be fairly advised of the facts constituting the plaintiff’s cause of action. This ordinarily calls for specific allegations of fact, unless from the nature of the case the plaintiff cannot make them so. Young v. Lynch, 66 Wis. 514; Palmer v. Hawes, 73 Wis. 50. But here the complaint does fairly advise the defendant of the facts constituting the cause of action, within the repeated decisions of this court.…
2Cases cited6 opinions
- Young v. LynchWisconsin Supreme Court · 1886
- Brunswick-Balke-Collender Co. v. ReesWisconsin Supreme Court · 1887
- Palmer v. HawesWisconsin Supreme Court · 1888
- Carey v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
- Cheney v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Haskell & Barker Car Co. v. TrzopIndiana Supreme Court · 1920
- Thomas Madden, Son & Co. v. WilcoxIndiana Supreme Court · 1910
- Doolittle v. LaycockWisconsin Supreme Court · 1899
- Hamlin v. FantlWisconsin Supreme Court · 1903
- Monahan v. Northwestern Contracting Co.Wisconsin Supreme Court · 1893