Fairbanks v. Witter
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Adams County. Action for damages for an assault upon tbe plaintiff by wbicb bis arm was broken and other injuries inflicted. Answer, that tbe acts of tbe defendant complained of were in justifiable self-defense.
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APPEAL from tbe Circuit Court for Adams County. Action for damages for an assault upon tbe plaintiff by wbicb bis arm was broken and other injuries inflicted. Answer, that tbe acts of tbe defendant complained of were in justifiable self-defense. After tbe plaintiff bad introduced evidence as to tbe nature and circumstances of tbe assault, be called as a witness “Judge Ferris,” and asked him, “What, in your judgment, is a fair compensation to a lawyer for bringing and prosecuting this action ?” The defendant objected to the question; but the objection was overruled and the witness answered, “…
1Opinion of the Court
By the Court,
Cole, J.
The first error assigned here is that which relates to the admission of the evidence of the witness Ferris. He was asked upon the trial, and stated under objec*289tion, wbat be thought was a fair compensation to a lawyer to bring and prosecute the action. The object of this evidence cannot be mistaken. It was offered with the evident purpose of laying the foundation of a claim for counsel fees in conducting the suit, as a particular item of damages, and which the jury might take into consideration in fixing the amount the respondent was entitled to recover. And the question…
2Cases cited2 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Hicks v. FosterNew York Supreme Court · 1853
3Cited by18 opinions
- Landa v. ObertTexas Supreme Court · 1876
- St. Luke Evangelical Lutheran Church, Inc. v. SmithCourt of Appeals of Maryland · 1990
- Kelly v. RogersSupreme Court of Minnesota · 1874
- Kunewa v. JoshuaHawaii Intermediate Court of Appeals · 1996
- Leslie v. CarterSupreme Court of Missouri · 1916
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