Sloteman v. Thomas & Wentworth Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County., The action was brought to recover for the use of a delivery wagon alleged to belong to the plaintiff, and for certain injuries thereto. The answer admits the use of the-wagon, and a small part of the injury charged, but alleges that the wagon is the property, of one O. T. Sloteman, and contains a counterclaim for an account against the latter.
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APPEAL from the County Court of Milwaukee County., The action was brought to recover for the use of a delivery wagon alleged to belong to the plaintiff, and for certain injuries thereto. The answer admits the use of the-wagon, and a small part of the injury charged, but alleges that the wagon is the property, of one O. T. Sloteman, and contains a counterclaim for an account against the latter. The trial resulted in a verdict and judgment for the plaintiff, awarding her $21 for the use of the wagon, and $25 for damages thereto. A motion for a new trial was denied, and judgment entered for the…
1Opinion of the CourtLyon, J.
1. The question of the ownership of the wagon was litigated upon the trial, and the testimony bearing upon it was somewhat conflicting; yet it tended to show that the wagon belonged to the plaintiff. The jury have found that it belonged to her, and we cannot disturb that finding.
2. It is claimed that the damages allowed for injuries to the wagon were excessive. We are inclined to think that the allowance thereof is a little too large, but we have not examined this question carefully, because we are of the opinion that it cannot properly be raised on this appeal. Sec. 2818, E. S., authorizes a…
2Cited by5 opinions
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- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1908
- Williams v. WilliamsWisconsin Supreme Court · 1899
- Monaghan v. Northwestern Fuel Co.Wisconsin Supreme Court · 1909