Tewksbury v. Schulenberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix.Goxmty. ' Action to recover plaintiff’s charges for aiding the defendants in driving logs ont of the north fork of Clam river by means of dams constructed and maintained therein by the plaintiff.
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APPEAL from the Circuit Court for St. Croix.Goxmty. ' Action to recover plaintiff’s charges for aiding the defendants in driving logs ont of the north fork of Clam river by means of dams constructed and maintained therein by the plaintiff. Plaintiff claimed the right to maintain the dams and make the charges in question nnder ch. loé of 1874 as amended by ch. 263 of 1876.1 After tbe close of tbe testimony, a motion by defendants for a nonsuit was denied, and tbe jury, by direction of tbe court, returned a verdict for tbe plaintiff for tbe sum demanded; and, from a judgment pursuant to tbe…
1Opinion of the CourtCole, J.
It was undoubtedly incumbent on the plaintiff to show the amount of logs owned by the defendants which had been run over his dams, on which he claimed to be entitled to collect toll. This, we think, he did do by the best proof within his power to offer upon the subject. The witness Daniel Fox testified, in substance, that he had charge of the defendant’s books at the camp where the logs in question were cut; and that he kept an account of each day’s work, and himself recorded in these books, from the scaler’s shingle, the quantity scaled. He said that, without the books, from his…
2Cited by1 opinion
- Steele v. SchrickerWisconsin Supreme Court · 1882