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MURRAY v. DEWAR

6 Wis.2d 411 (1959)

MURRAY, Administrator, and others, Plaintiffs, v. DEWAR and others, Defendants and Respondents: GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., Plaintiff and Appellant.

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief by Arnold, Philipp & Murray of Milwaukee, and oral argument by Suel O. Arnold.

For the respondents John G. Dewar and Continental Casualty Company there was a brief by Lowry & Hunter, and oral argument by Willis J. Zick, all of Waukesha.

For the respondents John G. Dewar and Travelers Indemnity Company there was a brief by George D. Young, attorney, and John H. Ames of counsel, both of Milwaukee, and oral argument by Mr. Ames.

FAIRCHILD, J.

General Accident claims that sec. 102.29 (1), Stats., gives it an independent cause of action against Dewar for the amount of the death benefit it paid into the estate of Mrs. Palleck, the employee's widow. It is apparently conceded on all sides that (except for the funeral expenses with which the parties have not concerned themselves on this appeal) there can be no recovery from Dewar for wrongful death under secs. 331.03 and 331.04, because Mrs. Palleck...

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