Maas v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Shawano county: JohN GoodlaND, Circuit Judge. This action was brought to recover tbe value of a feed mill delivered to tbe defendant for carriage and wbicb was lost in transit. Tbe only issue in tbe case was tbe amount of damages. Tbe court after tbe evidence was in directed a verdict for tbe plaintiff for $50.' Judgment was entered for plaintiff on tbe verdict and tbe defendant appealed.
1Opinion of the CourtKebwiN, J.
Error is assigned (a) in tbe exclusion of evidence as to price of tbe feed mill; (b) in admission of opinion evidence; (c) in directing a verdict for plaintiff.
1. Regarding tbe first assignment of error it appears that tbe feed mill was a second-band mill, and tbe plaintiff introduced opinion evidence as to its value. Defendant attempted to sbow on cross-examination and otherwise that tbe mill was bought about tbe time of shipment for $15. Tbe evidence was excluded. This was error. Tbe property not having a specific market value and tbe plaintiff having put in opinion evidence of value, it…
2Cases cited9 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Wells v. . KelseyNew York Court of Appeals · 1867
- Uniacke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
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3Cited by1 opinion
- Heal v. StollWisconsin Supreme Court · 1922