Dressler v. Davis
Wisconsin Supreme Court
APPEAL PROM THE MILWAUKEE COUNTY COURT. This action was commenced before a justice of the peace, to recover damages done by the defendant Stone, who was the servant of the other defendants, in carelessly driving a baggage wagon against the wagon of Dressier in which he and his wife were sitting, so that the wagon and harness were broken, and his wife thrown out of the wagon and seriously injured, &c.
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APPEAL PROM THE MILWAUKEE COUNTY COURT. This action was commenced before a justice of the peace, to recover damages done by the defendant Stone, who was the servant of the other defendants, in carelessly driving a baggage wagon against the wagon of Dressier in which he and his wife were sitting, so that the wagon and harness were broken, and his wife thrown out of the wagon and seriously injured, &c. The appellants did not appear, and the appellee obtained judgment, and they appealed to the county court. In the county court the complaint was amended, and the appellants answered it. Upon the…
1Opinion of the Court
By the Court,
Whiton, C. J.
We do not feel called upon to decide whether the judge decided correctly or not in refusing to permit Stone, one of the defendants, to testify in behalf of his co-defendants. It appears that he was offered as *531a witness under the provisions contained in section 299 of the code.
As a more comprehensive provision has since been adopted by the legislature upon this subject, and as we are compelled to reverse the judgment on another ground, it would answer no useful purpose to decide this question. It appears by the bill of exceptions that the judge charged the jury, among…
2Cited by6 opinions
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Hoth v. PetersWisconsin Supreme Court · 1882
- Milwaukee & Chicago R. R. v. HunterWisconsin Supreme Court · 1860
- Gottwald v. BernheimerNew York Court of Common Pleas · 1875
- Pfeiffer v. RadkeWisconsin Supreme Court · 1910
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