Curtice v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit for Frown couiity: S. D. HastiNgs, Circuit Judge. This action was brought to recover for personal injuries. The original complaint, omitting title, was as follows: “First.
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Appeal from a judgment of the circuit for Frown couiity: S. D. HastiNgs, Circuit Judge. This action was brought to recover for personal injuries. The original complaint, omitting title, was as follows: “First. That the defendant is a railway corporation, organized under the laws of the state of Wisconsin; that at all times herein mentioned it owned and operated a line-of railway in and through said state and between the cities of Mari-nette and Green Bay, Wisconsin. .“Second. That at all times hereinafter stated, when injured, plaintiff, a resident of said city of Green Bay, was in the employ…
1Opinion of the CourtKeewiN, J.
The point involved upon this appeal, under the assignments of error, is whether the amended complaint set up a different cause of action than that stated in the original complaint. The contention of the appellant is that there is but one cause of action, and that under the federal act; while on the part of the respondent it is insisted that the original complaint set up a cause of action under the state law, and that the amendment changed it from a cause of action under the state law to one under the federal act.
It is obvious that but .one cause of action existed upon all the facts stated in…
2Cases cited13 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Graber v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1915
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
- Damiano v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Hafemann v. SeymerWisconsin Supreme Court · 1926
- Baltimore & Ohio Southwestern Railroad v. CarrollIndiana Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.