Shepherd v. Mil. Gas Light Co.
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, MILWAUKEE COUNTS'. This is another action for the same cause as that decided in 6th Wis. Reports, 539, between these same parties, commenced in the circuit court. The complaint sets forth that the plaintiff in error, who- was the plaintiff below, was, in 1857 and 1858, doing business as a merchant, having a store and shop on East Water street, in the city of Milwaukee, in which he sold hard ware, and manufactured and sold tin ware.
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ERROR TO CIRCUIT COURT, MILWAUKEE COUNTS'. This is another action for the same cause as that decided in 6th Wis. Reports, 539, between these same parties, commenced in the circuit court. The complaint sets forth that the plaintiff in error, who- was the plaintiff below, was, in 1857 and 1858, doing business as a merchant, having a store and shop on East Water street, in the city of Milwaukee, in which he sold hard ware, and manufactured and sold tin ware. That in December, 1856, he had caused the store and shop to be fitted up with gas apparatus and fixtures, suitable for the use of…
1Opinion of the Court
By the Courts
Cole, J.
We think the nonsuit in this case was improperly granted. But after the full examination given to the case between the same parties, involving substantially the same questions of law as are presented by this record, which is reported in 6 Wis. R., 539, we do not deem it necessary to state our views at length. The decision in 6 Wis. appears to be applicable to this case, and decisive of it It is insisted that the new suit was right, because the plaintiff here, and plaintiff below, failed to show, as a part of his case, that an application in writing was made for the gas,…
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