Wausau Boom Co. v. Plumer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action to enforce a lien upon certain logs of the defendant claimed by the plaintiff to have been received and stored by it at defendant's request in its boom near Wausau in the Wisconsin River.
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APPEAL from the Circuit Court for Marathon County. Action to enforce a lien upon certain logs of the defendant claimed by the plaintiff to have been received and stored by it at defendant's request in its boom near Wausau in the Wisconsin River. The answer of the defendant denied the indebtedness claimed by the plaintiff, and also denied that the company had stor.ed any logs for him in the boom as alleged in the complaint, or that he had ever requested the company to receive or store any therein. Trial by the court without a jury. The plaintiff, to establish his claim, introduced in evidence…
1Opinion of the Court
Dixon, O. J.
The corporate existence of the plaintiff was admitted. It was alleged in the complaint, and not denied by the answer. The receiving and storage of the logs of the defendant, at his request, in the booms possessed and controlled by the plaintiff, wa.s directly and explicitly shown. The witness McCarty, the boom-master of the plaintiff in charge of the booms, testified that the defendant himself brought up the board with the marks of his, defendant’s, logs upon it, and delivered it to the witness at the opening of the divide where the logs were to be taken from the open river and…
2Cases cited1 opinion
- Clark v. PlummerWisconsin Supreme Court · 1872
3Cited by2 opinions
- Steward v. StateIndiana Supreme Court · 1913
- Kobin v. Saint Paul Fire & Marine InsuranceWisconsin Supreme Court · 1912