Legal Opinion

Hoverson v. Noker

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 18 opinions

APPEAL from the Circuit Court for Kewaunee County.' The complaint contains two counts, one based upon injuries received by the plaintiff wife in the morning, and the other upon injuries received by her in the afternoon, of the 16th day of July, 1882. Such injuries were alleged to have been caused by the acts of the two sons of the defendant Frank Nolter, who were then between eight and nine years of age.

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APPEAL from the Circuit Court for Kewaunee County.' The complaint contains two counts, one based upon injuries received by the plaintiff wife in the morning, and the other upon injuries received by her in the afternoon, of the 16th day of July, 1882. Such injuries were alleged to have been caused by the acts of the two sons of the defendant Frank Nolter, who were then between eight and nine years of age. The evidence given at the trial, and that excluded by the court, will sufficiently appear from the opinion. The circuit court held that there was no evidence upon the first count to go to the…

1Opinion of the CourtTayloR, J.

The plaintiffs in this action are husband and wife, and the defendants are father and his two sons. The action -was in the nature of an action on the case for an injury to the wife, caused, as alleged in the complaint, by the joint acts of the defendants.. The evidence given on the trial shows pretty clearly that, while the plaintiffs were passing along the highway with their team and wagon, in front of the defendant’s house, on a Sunday, going to church, the two young sons of the defend*513ant Frank Noker came out of their father’s house and fired off a pistol and shouted, and so frightened the…

2Cases cited4 opinions

  1. Barnes v. MartinWisconsin Supreme Court · 1862
  2. Snell v. BrayWisconsin Supreme Court · 1882
  3. Wells v. MortonWisconsin Supreme Court · 1860
  4. Holmes v. City of Fond du LacWisconsin Supreme Court · 1877

3Cited by18 opinions

  1. Ellis v. D'AngeloCalifornia Court of Appeal · 1953
  2. Buelke v. LevenstadtCalifornia Supreme Court · 1923
  3. Hopkins v. DroppersWisconsin Supreme Court · 1924
  4. Gudziewski v. StempleskyMassachusetts Supreme Judicial Court · 1928
  5. Schultz v. MorrisonNew York Supreme Court · 1915

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