Sensenbrenner v. Mathews
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Replevin, for a buggy. The cause was tried by the court without a jury, and the facts found were substantially as follows: Plaintiff, a blacksmith, in the summer of 1875, owned a building, and occupied a part of tbe first story as a blacksmith-shop; while another part of that story was occupied by Schweitzer & Co. as a wagon-maker’s shop, and the second story over the plaintiff’s shop was occupied as a paint-shop by one…
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APPEAL from the County Court of Winnebago County. Replevin, for a buggy. The cause was tried by the court without a jury, and the facts found were substantially as follows: Plaintiff, a blacksmith, in the summer of 1875, owned a building, and occupied a part of tbe first story as a blacksmith-shop; while another part of that story was occupied by Schweitzer & Co. as a wagon-maker’s shop, and the second story over the plaintiff’s shop was occupied as a paint-shop by one Maxwell. Schweitzer & Co. were lessees from plaintiff of both their own and Maxwell’s shop, and Maxwell was their…
1Opinion of the Court
Eyast, O. J".
The shops of the appellant, Schweitzer and Maxwell, although in the same building, were held by them respectively in severalty; and the .right of way of Maxwell, although passing through the shops of the appellant or Schweitzer, was part of his holding and used by him of his own right.
The buggy belonging to Maxwell was delivered to him through the right of way by the appellant, after it had been ironed by the latter. It was delivered with the expectation that it should be painted by Maxwell; but Maxwell owed no duty, either to Schweitzer or the appellant, to paint it. The…
2Cited by8 opinions
- Button v. HoffmanWisconsin Supreme Court · 1884
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Citizens' Bank v. Dows & Co.Supreme Court of Iowa · 1886
- Ellison v. ScheffskyWashington Supreme Court · 1926
- Danzer v. NathanAppellate Division of the Supreme Court of the State of New York · 1911
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