Single v. Schneider
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Replevin for lumber. The facts appear in the opinion, and in the former report of the same case, 24 Wis., 299. The jury found for the plaintiff, and found that 58,000 feet of the logs were cut by' defendants in good faith, by mistake, and 59,350 feet were cut wilfully, and not by mistake. A motion for anew trial being overruled, defendants appealed from the judgment.
1Opinion of the CourtCole, J.
This case has been before this court at a previous term, and will be found reported in the 24 Wis., 299. The facts as developed on the second trial, were substantially the same as are the first. Among other things, the court charged, in respect to the rule of damages, as follows : “ When a person cuts logs upon the land of another, without a lawful right so to do, but in good faith, believing that he has the right to, he is entitled to have deducted from the value of the property replevied, such cost and expense and labor as he has bestowed upon the property to get it into its enhanced value.…
2Cases cited5 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Single v. SchneiderWisconsin Supreme Court · 1869
- Silsbury & Calkins v. McCoon & ShermanNew York Supreme Court · 1847
3Cited by27 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Nesbitt v. St. Paul Lumber Co.Supreme Court of Minnesota · 1875
- Ingram v. RankinWisconsin Supreme Court · 1879
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Buckley v. BuckleyNevada Supreme Court · 1877
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