Gutzman v. Clancy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geobgke W. BubNell, Circuit Judge. Plaintiff was janitor of a certain building in Oshkosh, gad defendant was one of a firm renting one of tbe stores contained therein. Some controversy arising as to the proper place for doing work in repair of sewers, and words and epithets passing between the parties, a personal encounter took place.
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Appeal from a judgment of the circuit court for Winnebago county: Geobgke W. BubNell, Circuit Judge. Plaintiff was janitor of a certain building in Oshkosh, gad defendant was one of a firm renting one of tbe stores contained therein. Some controversy arising as to the proper place for doing work in repair of sewers, and words and epithets passing between the parties, a personal encounter took place. Each charged the other with being the aggressor, and the defendant especially charged that the plaintiff, even if not guilty of the first assault, was guilty of using more force than was necessary…
1Opinion of the CourtDodge, J.
This is a plain case of a debate commencing in words and terminating vi et armisj the one phase presenting about as much of appeal to pure reason as the other. If each party had been satisfied to merely enforce his arguments by words upon the ear of the other, he might have claimed victory without peril of appeal and reversal; but, when he sought to impress his logic upon the nose and eyes of his •opponent, he brought the discussion within the arbitrament of the courts. And after all, the really important question— where the sewer leaked — -will not be settled nearly so conclusively as it…
2Cases cited18 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Hardtke v. StateWisconsin Supreme Court · 1886
- Hacker v. HeineyWisconsin Supreme Court · 1901
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3Cited by33 opinions
- People v. PantagesCalifornia Supreme Court · 1931
- State v. TeeterNevada Supreme Court · 1948
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Emerson v. NashWisconsin Supreme Court · 1905
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