Allen v. Murray
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This action was brought by the firm of Allen & Watter-son to recover against the defendant the damages claimed by them by reason of the breach by the defendant of a contract that they made with him November 18, 1891, by which they agreed to cut, haul, and deliver into and put afloat in Amnicon river, and drive to the mouth thereof, all the merchantable pine saw logs growing and being on the northwest quarter of a certain…
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APPEAL from the Circuit Court for Douglas County. This action was brought by the firm of Allen & Watter-son to recover against the defendant the damages claimed by them by reason of the breach by the defendant of a contract that they made with him November 18, 1891, by which they agreed to cut, haul, and deliver into and put afloat in Amnicon river, and drive to the mouth thereof, all the merchantable pine saw logs growing and being on the northwest quarter of a certain section 10 that would scale nine inches at the small end, the cutting and hauling to be fully completed by April 15, 1892,…
1Opinion of the CourtPinney, J.
1. The instruction that, “if the greatest weight of evidence tends to establish the fact as claimed by the party upon whom the burden of proof rests, and you are satisfied thereby to a reasonable certainty of the existence of such fact, you should find in favor of such party in respect to such claim, otherwise against him,” is not objectionable as laying down the rule applicable to criminal cases, requiring that the evidence shall be such as to satisfy the jury of the guilt of the defendant beyond reasonable doubt. "When the plaintiff and defendant have *46both put in their evidence, the burden…
2Cases cited12 opinions
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1860
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Perley v. PerleyMassachusetts Supreme Judicial Court · 1887
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Miller v. StateWisconsin Supreme Court · 1909
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
17 more not listed; retrieve them via the Exa API.