Kuehn v. Wilson
Wisconsin Supreme Court
APPEAL from tbe County Court of Dane County. Tbe complaint was in substance, tbat tbe defendant promised tbe plaintiff for a certain reward, to castrate a colt belonging to bim, and “ do it in a skillful manner, and warrant tbe colt to do well and get well in a few days,” but tbat be castrated it in an unskillful manner, in consequence of wbicb it died, to tbe plaintiff’s damage, &c.
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APPEAL from tbe County Court of Dane County. Tbe complaint was in substance, tbat tbe defendant promised tbe plaintiff for a certain reward, to castrate a colt belonging to bim, and “ do it in a skillful manner, and warrant tbe colt to do well and get well in a few days,” but tbat be castrated it in an unskillful manner, in consequence of wbicb it died, to tbe plaintiff’s damage, &c. Tbe defendant admitted tbat be castrated tbe colt, but denied eyery other allegation in tbe complaint. Tbe plaintiff testified tbat tbe defendant, when sent for to perform tbe operation, went to tbe lot where tbe…
1Opinion of the Court
By the Court,
Cole, J.
Although the complaint in this case is not very artistically drawn, yet, as we understand it, the action is for an injury arising from an unskillful and improper castration of a colt, in consequence of which the animal died. It is true, there is some language in the complaint which would lead one to suppose that the pleader intended to found the action upon an express warranty that the colt “would get well and do well,” and not for a neglect or breach of an implied warranty or duty in performing the undertaking; but if the whole complaint is examined it will readily be…
2Cited by6 opinions
- Castenholz v. HellerWisconsin Supreme Court · 1892
- Cameron v. MountWisconsin Supreme Court · 1893
- Roe v. Lincoln CountyWisconsin Supreme Court · 1882
- Roberts v. StateWisconsin Supreme Court · 1893
- Schwindermann v. Great Eastern Casualty Co.North Dakota Supreme Court · 1917
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