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GLOMSTEAD v. CHICAGO & N. W. RY.

No. 41.

40 Wis.2d 675 (1968)

162 N.W.2d 630

GLOMSTEAD, by guardian ad litem, Respondent, v. CHICAGO & NORTH WESTERN RAILWAY, Appellant.

Supreme Court of Wisconsin.

Decided November 26, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Worthing, Schneider & Mickiewicz of Fond du Lac, attorneys, and Kenneth E. Worthing of counsel, and by Wickham, Borgelt, Skogstad & Powell of Milwaukee, attorneys, and Roger S. Bessey and George N. Kotsonis, both of Milwaukee, of counsel, and oral argument by Mr. Kenneth E. Worthing and Mr. Kotsonis.

For the respondent there was a brief by Adams & Woodrow of Menasha, attorneys, and David L. Fulton of Appleton of counsel, and oral argument by Mr. Fulton.

ROBERT W. HANSEN, J.

Both the claimant and the railroad agree that the court order denying a motion to strike a portion of plaintiff's complaint is not appealable. It is not among the orders listed as appealable in sec. 274.33, Stats. It is not to be held to be the equivalent of a demurrer from which appeal may be taken1 because it does not seek to strike the whole or entirety of the cause of action stated in the complaint.

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