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KANIA v. CHICAGO & NORTH WESTERN RAILWAY COMPANY

No. 327.

57 Wis.2d 761 (1973)

204 N.W.2d 681

KANIA, by Guardian ad litem, and another, Appellants, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided February 27, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Habush, Gillick, Habush, Davis & Murphy, attorneys, and Howard A. Davis of counsel, all of Milwaukee.

For the respondent the cause was submitted on the brief of Borgelt, Powell, Peterson Frauen, attorneys, and Joseph D. McDevitt of counsel, all of Milwaukee.

PER CURIAM.

Plaintiffs argue that the motion to strike was the equivalent of a demurrer because their claim for treble damages is a separate cause of action, relying on Chrome Plating Co. v. Wisconsin Electric Power Co. (1942), 241 Wis. 554, 6 N.W.2d 692. In that case we held that the record would not sustain a recovery on grounds of ordinary negligence. The case was tried on the basis of liability for treble damages under sec. 196.64, Stats. We held this required...

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