Heimlich v. Tabor
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: E. Rat Stevehs, Circuit Judge. Action to recover damages for false imprisonment and malicious prosecution. The evidence tended to show these circumstances : Appellant for some time prior to the occurrence complained of had been accustomed to put out traps along the Wisconsin river for the purpose of catching fur-bearing animals.
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Appeal from a judgment of tbe circuit court for Sauk county: E. Rat Stevehs, Circuit Judge. Action to recover damages for false imprisonment and malicious prosecution. The evidence tended to show these circumstances : Appellant for some time prior to the occurrence complained of had been accustomed to put out traps along the Wisconsin river for the purpose of catching fur-bearing animals. Occasionally he lost one or more traps in a manner indicating that the taker had appropriated the same with whatever animals were therein. November 22, 1903, defendant discovered that some of his traps had…
1Opinion of the CourtMaeshali., J.
We assume for tbe purposes of this case, tbe verdict was so unreasonably large as to satisfactorily indicate that in reaching tbe decision tbe jury were moved by some improper influence, either consciously or unconsciously — tbe trial court having reduced it to the extent of one-half, accompanying such action by the statement that it was tainted with perversity. So defendant has not had the damage assessable against him determined by an impartial jury upon the evidence, but has been compelled to submit to such a judgment in that regard as respondent was willing to accept. If there be any…
2Cases cited7 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Terrill v. StateWisconsin Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Otto v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1912
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