Newton v. Ailis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The case is stated in the opinion of the court. 1. The judgment is bad in form, because it determines the plaintiff’s light of recovery, and limits it, as to time, to the commencement of the action, in violation of sec. 15, chap. 56, R. S., which requires the damages to be assessed up to the trial.
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APPEAL from the Circuit Court for Fond du Lac County. The case is stated in the opinion of the court. 1. The judgment is bad in form, because it determines the plaintiff’s light of recovery, and limits it, as to time, to the commencement of the action, in violation of sec. 15, chap. 56, R. S., which requires the damages to be assessed up to the trial. It is bad in substance, because by the limit as to the time for which damages were assessed, the verdict is so reduced that the plaintiff might, and under most circumstances, would lose the costs of the litigation. Six months damages, accruing…
1Opinion of the Court
By the Court,
Paine, J.
This suit was brought under the “mill dam law,” to recover compensation for flowing the plaintiff’s lands. The deiendant brought into court and tendered $250.00 as damages already accrued, and offered to pay $50.00 as an annual compensation thereafter, as he was allowed to do by section 37, chap. 56, R. S.
The plaintiff did not accept of these sums, but proceeded to trial. The verdict fixed the damages for the three years preceding the 21st day of August, 1860, at $200 ; the annual compensation for damages to accrue thereafter at #50; and the gross amount of damages for…
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