Krantz v. Harris
Citation | 162 N.W.2d 628,40 Wis.2d 709 |
Parties | Dennis Lester KRANTZ, Appellant, v. O. C. HARRIS d/b/a O. C. Harris Co., Respondent. |
Decision Date | 26 November 1968 |
Court | United States State Supreme Court of Wisconsin |
George F. Jacobs, Jr., Madison, for appellant.
Ross, Stevens, Pick & Spohn, Madison, for respondent.
The death of Dennis C. Williams occurred as a result of an injury he sustained while a business invitee on the premises of the defendant. At the time of the death of Williams he was not married to the plaintiff's mother, and the plaintiff was born after Williams died.
The complainant alleges:
and
The record reflects that for the purpose of the demurrer, the defendant concedes that the plaintiff would be able to establish that the mother of the plaintiff and the decedent were engaged to be married when death occurred.
Sec. 895.04(2), Stats., in setting forth to whom the amount recovered in a wrongful death action belongs, states in part:
'* * * if no spouse survives, to the deceased's lineal heirs as determined by s. 237.01; * * *.' (Emphasis added.)
Under sec. 237.01, Stats., those lineal heirs first in the order of descent are:
'* * *
(1) * * * his children and to the lawful issue of any deceased child by right of representation; * * *.'
However, for the purposes of determining heirship of children born out of wedlock, sec. 237.06, Stats., provides:
(Emphasis added.)
Except as to a surviving spouse, the wrongful death statute itself, as it is now written, contains no provision for succession of beneficiaries but refers specifically to sec. 237.01, Stats., in the general laws of descent.
This court has never been called upon to consider the specific question now before us, i.e., whether an illegitimate child may recover for wrongful death of his putative father where no paternity has been established pursuant to sec. 237.06, Stats., and there has been no legitimization by marriage. However, in Andrzejewski v. Northwestern Fuel Co. (1914), 158 Wis. 170, 179, 148 N.W. 37, 41, where a mother successfully recovered for the wrongful death of her illegitimate child, this court stated that a statutory acknowledgment or legitimization by marriage was necessary for a father to recover for the death of his illegitimate child.
(Emphasis added.)
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Delvaux v. Vanden Langenberg
...the deceased." An action for wrongful death is purely statutory; no right for such recovery existed at common law. Krantz v. Harris, 40 Wis.2d 709, 714, 162 N.W.2d 628 (1968). The extent of the right to recover for wrongful death, therefore, must be determined solely from the relevant statu......
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Bartholomew v. Wisconsin Patients Compensation Fund, 2006 WI 91 (Wis. 7/7/2006), 2004AP2592.
...that was created entirely by statute. Weiss v. Regent Props., Ltd., 118 Wis. 2d 225, 230, 346 N.W.2d 766 (1984) (citing Krantz v. Harris, 40 Wis. 2d 709, 714, 162 N.W.2d 628 (1968)). The claim belongs to the beneficiaries of the deceased and was "designed to compensate for the loss of the r......
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...was created entirely by statute. Weiss v. Regent Props., Ltd., 118 Wis.2d 225, 230, 346 N.W.2d 766 (1984) (citing Krantz v. Harris, 40 Wis.2d 709, 714, 162 N.W.2d 628 (1968)). The claim belongs to the beneficiaries of the deceased and was "designed to compensate for the loss of the relation......
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Estate of Blumreich, In re, s. 75-728
...to 52.45, (2) admitted in open court by the father, or (3) acknowledged by the father in a signed writing. In Krantz v. Harris, 40 Wis.2d 709, 714, 162 N.W.2d 628 (1968), this court held that an illegitimate child must satisfy these requirements to maintain an action for the wrongful death ......