Loop v. Chamberlain
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. Action for a trespass upon land. Tbe substance of tbe pleadings, and tbe decision of tbis court reversing a judgment of' nonsuit, will be found in 17 Wis., 504-12. Tbe grounds of tbe action and defense will also sufficiently appear from tbe opinion on tbe present appeal.
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APPEAL from tbe Circuit Court for Milwaulcee County. Action for a trespass upon land. Tbe substance of tbe pleadings, and tbe decision of tbis court reversing a judgment of' nonsuit, will be found in 17 Wis., 504-12. Tbe grounds of tbe action and defense will also sufficiently appear from tbe opinion on tbe present appeal. Verdict and judgment against tbe defendant for nominal damages; and tbe plaintiff appealed. as to tbe proper measure of damages, cited Sedgwick (2d ed.), 29, 134, 135; McWilliams v. Bragg, 3 Wis., 424 ; 2 Grreenl. Ev., 244; Bobbins v. Mil & Hor. B. B. Go., 6 Wis., 636; 4…
1Opinion of the CourtCole, J.
In this case the circuit court instructed the jury that the plaintiff could only recover nominal damages, and that this rule must govern them in their verdict. And the only question which we need consider on this' appeal is, the correctness of this ruling.
The action is for trespass to real estate. It is alleged in the complaint, in substance, that the defendant, in the months of June and July, 1856, with his servants, workmen and teams, wrongfully entered upon the plaintiff’s close; broke up the ground; threw and cast thereon divers quantities of earth and gravel, and proceeded to locate a…
2Cases cited4 opinions
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- Powers v. BearsWisconsin Supreme Court · 1860
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1843
3Cited by6 opinions
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- The Anderson v. KernodleIndiana Supreme Court · 1876
- Carl v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1879
- St. Joseph & Denver City Rld. v. CallenderSupreme Court of Kansas · 1874
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1899
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