Cronin v. Cronin
| Decision Date | 18 January 1944 |
| Citation | 244 Wis. 372,12 N.W.2d 677 |
| Parties | CRONIN v. CRONIN et al. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Rock County; Jesse Earle, Judge.
Reversed.
Action by Esther Cronin against George Cronin and another. From an order entered January 25, 19438 overruling a demurrer to the complaint, the defendants appeal. The controlling facts are stated in the opinion.
Nolan, Dougherty, Grubb & Ryan, of Janesville, for appellants.
Raymond C. Fett, of Janesville, for respondent.
Esther Cronin sued her husband, George, and his insurer to recover under the death by wrongful act statute, sec. 331.03 Stats., for the loss of the society and companionship of the infant daughter of the spouses resulting from the father's striking and killing the child in negligently backing his automobile. The defendants demurred to the complaint on the ground that it does not state a cause of action. The court overruled the demurrer. The defendants appeal.
Sec. 331.03 expressly limits the bringing of the action to cases in which if death had not ensued the injured person would have been entitled ‘to maintain an action and recover damages in respect thereof.’ In Wick v. Wick, 192 Wis. 260, 212 N.W. 787, 52 A.L.R. 1113, we held that a minor child can not maintain an action against his father for injuries resulting to him through the father's negligence. As the instant infant could not have sued the father had she lived the instant action does not lie.
The trial court held to the contrary because he considered that the recovery sought, being limited to ‘loss of society and companionship,’ is a different cause of action from that authorized by sec. 331.03. Not so. It is only an item of damage recoverable in the action. Sec. 331.04 declares who is entitled to recover under sec. 331.03. Prior to adoption of Ch. 263, Laws of 1931, damages for loss of society and companionship were nto recoverable in the action. Ch. 263 amended the existing sec. 331.04 by numbering it sec. 331.04(1) and changing it by increasing the recovery theretofore allowed under sec. 331.04 from $10,000 to $12,500 and by providing for recovery to others in case the person entitled to recover should die after suit was brought, and added to the former section subsection (2) which reads: ‘(2) In addition to the benefits provided for in subsection (1), a sum not exceeding twenty-five hundred dollars for loss of society and companionship shall accrue to the...
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Nichols v. U.S. Fidelity & Guaranty Co.
...regardless by whom, when the injured person would have been entitled to maintain an action for damages had he lived. Cronin v. Cronin, 1944, 244 Wis. 372, 12 N.W.2d 677. The provisions of sec. 331.04(3), Stats., 39 W.S.A. 310, do not determine the ownership of the cause of action is in the ......
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Herro v. Steidl
...but only adds another element of damages to be recovered under sec. 331.04(1)(a), Stats. He is right in this contention. Cronin v. Cronin, 244 Wis. 372, 12 N.W.2d 677;Papke v. American Automobile Ins. Co., 248 Wis. 347, 21 N.W.2d 724. His next contention is that recovery for loss of society......
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Papke v. Am. Auto. Ins. Co. of St. Louis, Mo.
...is in accordance with the decisions of this court as laid down in Neuser v. Thelen, 1932, 209 Wis. 262, 244 N.W. 801;Cronin v. Cronin, 1944, 244 Wis. 372, 12 N.W.2d 677;Schilling v. Chicago, N. S. & M. R. Co., 1944, 245 Wis. 173, 13 N.W.2d 594. A large portion of appellant's brief is devote......
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