COGGER v. TRUDELL


35 Wis.2d 350 (1967)

COGGER and another, by Guardian ad litem, Plaintiffs and Respondents, v. TRUDELL and others, Defendants and Appellants: SALERNO, Impleaded Defendant.

Supreme Court of Wisconsin.

June 6, 1967.


Attorney(s) appearing for the Case

For the appellants there were briefs by Helm, Myers, Gillett & Christensen of Racine, and oral argument by Einer Christensen.

For the respondents there was a brief by Phillips & Richards and Richard B. Antaramian, guardian ad litem, all of Kenosha, and oral argument by Mr. Charles Richards and Mr. Antaramian.


HANLEY, J.

The sole issue on this appeal is whether the plaintiffs, the surviving children, have a cause of action for the wrongful death of their mother when the decedent is survived by her spouse.

A cause of action for wrongful death is purely statutory, being derived from sec. 895.03, Stats. (formerly sec. 331.03, Stats. 1959) and sec. 895.04 (formerly sec. 331.04, Stats. 1959).

At common law no such right existed. Milwaukee v. Boynton Cab Co...

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