Tobin v. Deal
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sé. Croix County. Action for the wrongful conversion of four calves belonging to the plaintiff.
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APPEAL from the Circuit Court for Sé. Croix County. Action for the wrongful conversion of four calves belonging to the plaintiff. The answer was a general denial.' On the trial the defendant testified, among other things, that after having taken up the calves in the afternoon, while they -were doing damage on his premises, he kept them confined during the night, and in the morning turned them into the highway; that they fed about two hours in front of his house and then went upon a cross road further from the plaintiff’s premises; that afterwards while he was driving away some stray pigs he…
1Opinion of the CourtCole, C. J.
It seems to me there was error in the charge in respect to the responsibility of the defendant if he drove the calves away and they were lost. On that point the learned circuit court, in effect, charged that if the defendant wrns driving some pigs down the highway, and the calves being in the highway ran along ahead of the pigs, and the defendant did not intentionally or purposely drive the calves away, but acted in good faith with ordinary care in the matter, he would not be liable; but, if he intentionally drove the calves away, and they wandered off and were lost, then he wrould be. This…
2Cases cited12 opinions
- Colden v. EldredNew York Supreme Court · 1818
- Pettit v. MayWisconsin Supreme Court · 1874
- Dexter v. ColeWisconsin Supreme Court · 1858
- Hale v. ClarkNew York Supreme Court · 1838
- Clark v. AdamsSupreme Court of Vermont · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jones v. FreemanCourt of Appeals for the Eighth Circuit · 1968
- Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
- Owen v. LongWisconsin Supreme Court · 1897
- Jones v. FreemanCourt of Appeals for the Eighth Circuit · 1968
2 more not listed; retrieve them via the Exa API.