Klix v. Nieman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Müviauhee County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence. The allegations of the complaint are sufficiently stated in the opinion. The plaintiff appeals from an order sustaining a general demurrer.
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APPEAL from the Circuit Court for Müviauhee County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence. The allegations of the complaint are sufficiently stated in the opinion. The plaintiff appeals from an order sustaining a general demurrer. He contended that the owners of land a¡re liable for injuries resulting to children, although trespassing at the time, when from the peculiar nature and open and exposed position of the dangerous defect or agent, ‘the owner should reasonably anticipate such an injury. 1 Thomp.…
1Opinion of the Court
Cole, 0. J.
Ve think the demurrer in this case was properly sustained, for the reason that the complaint shows no actionable negligence on the part of the defendant. The complaint states that the defendant was the owner of and in the possession of a lot in the city of Milwaukee, situated on the northeast corner of Hubbard and Lloyd streets; that the lot was in a thickly settled and populous part of the city, and was not inclosed by fence either in front thereof between it and Hubbard street, or on the side between it and Lloyd street, but that the lot was vacant and open, so that the public…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Peters v. BowmanCalifornia Supreme Court · 1896
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
53 more not listed; retrieve them via the Exa API.