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HUGHES v. FETTER

257 Wis. 35 (1950)

HUGHES, Administrator, Appellant, vs. FETTER and another, Respondents.

Supreme Court of Wisconsin.

May 2, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by Francis H. Parson, attorney, and Samuel Goldenberg of counsel, both of Milwaukee, and oral argument by Mr. Goldenberg.

For the respondents there was a brief by Hannan, Johnson & Goldschmidt, attorneys, and Herbert L. Wible of counsel, all of Milwaukee, and oral argument by Mr. Wible.

Frederick H. Prosser of Milwaukee, guardian ad litem, for Glenn C. Fetter.

FAIRCHILD, J.

The Wisconsin statute, sec. 331.03, which the learned trial judge ruled prevented the maintenance of the action and required a dismissal of the complaint, does permit recovery for death by wrongful act. But it also contains the provision "that such action shall be brought for a death caused in this state." The question is now raised whether for a death in Illinois this action can be maintained in Wisconsin notwithstanding that provision in our statute...

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