Kerslake v. McInnis
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas •county: Chables Smith, Judge. This is an action to recover for the cutting, hauling, and booming of logs.
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Appeal from a judgment of the superior court of Douglas •county: Chables Smith, Judge. This is an action to recover for the cutting, hauling, and booming of logs. The complaint contains two causes'of action; the first being to recover .for.cutting, setting afloat, and booming 1,001,000 feet of logs in the winter of 1899 and 1900 at an agreed price of $3 per M.; and, second, for hauling’during the same winter 729,310 feet of logs from Bardon creek to a pond in the vicinity at an agreed price of twenty-five cents per M.; the whole amount claimed by both causes of action being $750.23. The…
1Opinion of the CourtWiNsnow, J.
Many errors are assigned, but they will not be taken up in detail. Tbe general view which we take of tbe case renders specific treatment of each alleged error unnecessary. The case was really a simple one, though it seems to-have developed some complications as tbe trial progressed,, which, however, were more apparent than real.
Tbe Red Cliff Lumber Company owned the timber in question. Mclnnis & Sons had contracted to cut and bank it as-directed by the owner on the shore of Lake Superior during the winter of 1899 and 1900. Thereafter the plaintiff contracted with McInnis & Sons to cut, haul,…
2Cases cited3 opinions
- South Milwaukee Boulevard Heights Co. v. HarteWisconsin Supreme Court · 1897
- Dullaghan v. FitchWisconsin Supreme Court · 1877
- Little v. Town of Iron RiverWisconsin Supreme Court · 1899
3Cited by4 opinions
- Gehl v. Milwaukee Produce Co.Wisconsin Supreme Court · 1903
- Davis v. SchmidtWisconsin Supreme Court · 1906
- Barker & Stewart Lumber Co. v. Edward Hines Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1905
- German American Bank v. Webster Manufacturing Co.Wisconsin Supreme Court · 1911