Larson v. Furlong
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewawnee County. This action was brought against the present defendant and one John Furlong, in 1817, to recover damages for the alleged wrongful tearing down of a certain dock or wharf of the plaintiffs, situated in the waters of Washington harbor, in the county of Door, and for the wrongful conversion of the materials of which it was composed.
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APPEAL from the Circuit Court for Kewawnee County. This action was brought against the present defendant and one John Furlong, in 1817, to recover damages for the alleged wrongful tearing down of a certain dock or wharf of the plaintiffs, situated in the waters of Washington harbor, in the county of Door, and for the wrongful conversion of the materials of which it was composed. On the first trial of the action the plaintiffs were non-suited, but the judgment of nonsuit was reversed by this court on the plaintiffs’ appeal therefrom. 50 Wis. 683. The cause has been again tried and resulted in…
1Opinion of the CourtLyoN, J.
During the last trial of this action, counsel for the defendant, in due and proper time, demanded that the ■ jury return a special verdict. This was refused, presumably for the reason that the learned circuit judge thought the plaintiffs were entitled, upon the uncontroverted evidence, to recover some damages. Hence the only question submitted to the jury was that of damages. In making this ruling we are satisfied that the judge overlooked the testimony upon at least one material fact in the case.
On the first appeal herein it was held, under the proofs, that the defendants had no right to…
2Cited by2 opinions
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- Riden v. Grimm Bros.Tennessee Supreme Court · 1896