Gilman v. Brown
Wisconsin Supreme Court
Appeal fmn a judgment of the circuit court for Buffalo county: E. W. Helms, Circuit Judge. Action for trespass quare clausum. The complaint alleged that the defendant wilfully, maliciously, and wantonly broke and entered the plaintiff’s close, describing it as lots Nos. 1, 2, and 3, in block No. 2, range No. 2 N., range No. 2 W., according to the original village plat of Mondovi.
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Appeal fmn a judgment of the circuit court for Buffalo county: E. W. Helms, Circuit Judge. Action for trespass quare clausum. The complaint alleged that the defendant wilfully, maliciously, and wantonly broke and entered the plaintiff’s close, describing it as lots Nos. 1, 2, and 3, in block No. 2, range No. 2 N., range No. 2 W., according to the original village plat of Mondovi. It described the damage with much detail in the way of destruction of fence, shade trees, and shrubberies, and the effect of such damage upon plaintiff’s use thereof in connection with his residence thereon as a…
1Opinion of the Court
Dodge, T.
We' shall not find it necessary to consider all or many of the very numerous positions discussed by appellant, for the action of the trial court in directing a recovery in plaintiff’s favor reduces the question on appeal to much simplicity. It is merely whether undisputed evidence established plaintiff’s right and defendant’s trespass. We may at once turn to consideration of plaintiff’s right.
Mere possession suffices to support action of trespass against one other than the owner or authorized by him. Plaintiff’s possession was uncontroverted, but, as the measure of damages permitted…
2Cases cited14 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Meyer v. HopeWisconsin Supreme Court · 1898
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
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- Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
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