Nelson v. Nugent
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: James J.' Dice, Circuit Judge. This is an action to recover damages for worrying and killing of plaintiff’s sheep by the defendant’s dog, in company with another dog whose owner is unknown. The issues involved were the identity and ownership of the, dogs and the amount of damages done.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: James J.' Dice, Circuit Judge. This is an action to recover damages for worrying and killing of plaintiff’s sheep by the defendant’s dog, in company with another dog whose owner is unknown. The issues involved were the identity and ownership of the, dogs and the amount of damages done. The jury returned a verdict for plaintiff, and, under the instructions given them by the court, assessed the entire amount of damages against the defendant, notwithstanding the proof showed he owned but one-of the dogs. Defendant appeals. To the…
1Opinion of the Court
Bardeeít, J.
It is unnecessary to discuss the testimony. It establishes beyond question that thirteen of plaintiff’s sheep were killed, and others injured. The tracks of one of the dogs were traced to defendant’s house. The appearance of the dog was incriminating, and, with the accompanying circumstances, there was evidence sufficient to justify the conclusion arrived at by the jury. We do not feel called upon to disturb it upon either ground suggested by counsel.
This action is based upon sec. 1620, Stats. 1898, which is as follows: “ The owner or keeper of any dog which shall have injured or…
2Cases cited4 opinions
- Partenheimer v. Van OrderNew York Supreme Court · 1855
- Powers v. KindtSupreme Court of Kansas · 1874
- Wilbur v. HubbardNew York Supreme Court · 1861
- Inhabitants of the County of Worcester v. AshworthMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Nelson v. HansenWisconsin Supreme Court · 1960
- Will of SilverthornWisconsin Supreme Court · 1887
- Nohre v. WrightSupreme Court of Minnesota · 1906
- Campenni v. WalrathCourt of Appeals of Wisconsin · 1992
- Dole v. HardingerAppellate Court of Illinois · 1917
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