Topolewski v. Plankinton Packing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Obeeit T. Williams, Circuit Judge. Action to recover compensation for false imprisonment and malicious prosecution.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Obeeit T. Williams, Circuit Judge. Action to recover compensation for false imprisonment and malicious prosecution. Eor the first cause of action it was alleged that defendant, a corporation, falsely and maliciously claiming that plaintiff was guilty of having committed the crime of larceny of its goods, to wit: three barrels of meat and leaf lard of the value of $55.26, caused him, without legal proceedings, to he restrained of his liberty for the period of one hour and then to be delivered to the public authorities and to he…
1Opinion of the Court
Maeshaix, J\
Though there is some controversy between counsel in respect to the matter, and the trial court •seems to have thought the evidence warranted such controversy, it is a grave question, on the record, as to whether the evidence does not conclusively show, independently of the result of the criminal action, that appellant’s agent, in commencing it, acted in good faith upon the advice of the public prosecutor of Milwaukee county after having fully and fairly stated to him all the facts of which such agent had knowledge or information bearing on the subject. If such be the fact, then…
2Cases cited16 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Topolewski v. StateWisconsin Supreme Court · 1906
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Cobb v. SimonWisconsin Supreme Court · 1903
- Eviston v. CramerWisconsin Supreme Court · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- Wait v. PierceWisconsin Supreme Court · 1926
- Strenke v. HognerWisconsin Supreme Court · 2005
- Malco, Inc. v. Midwest Aluminum Sales, Inc.Wisconsin Supreme Court · 1961
- Estate of Stanley G. Miller v. Diane StoreyWisconsin Supreme Court · 2017
47 more not listed; retrieve them via the Exa API.