Legal Opinion

Schmidt v. Pfeil

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 8 opinions

APPEAL from the Circuit Court for Fond du Lac County. Action against Pfeil and. Foil, for an assault and battery. The complaint alleged various matters in aggravation, and that plaintiff bad necessarily paid out a large sum of money in endeavoring to be cured; but did not allege tbat be bad suffered any permanent injury PfeiV s answer admits tbat, at the time and place alleged, be struck plaintiff several blows with bis fists, and cast him upon the ground, but denies all…

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APPEAL from the Circuit Court for Fond du Lac County. Action against Pfeil and. Foil, for an assault and battery. The complaint alleged various matters in aggravation, and that plaintiff bad necessarily paid out a large sum of money in endeavoring to be cured; but did not allege tbat be bad suffered any permanent injury PfeiV s answer admits tbat, at the time and place alleged, be struck plaintiff several blows with bis fists, and cast him upon the ground, but denies all other allegations of the complaint. Foil denied generally. On the trial, after proof of the assault and battery, and tbat…

1Opinion of the CourtDixon, C. J.

The allegations of the complaint were sufficient to let in the evidence with regard to the expenses incurred by the plaintiff for medical attendance. *455If the defendants had desired more specific information in that respect, they should have moved, under the statute, to have the complaint made more definite and certain.

The question put to the plaintiff as to. his having felt any lameness or effects from the injuries after the expiration of the first seven weeks after the battery, was legitimate and proper. The evidence was not inadmissible on the ground that the damage was too remote, or of…

2Cited by8 opinions

  1. Ohio & Mississippi Railroad v. HechtIndiana Supreme Court · 1888
  2. Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
  3. Young v. LynchWisconsin Supreme Court · 1886
  4. Eaton v. LymanWisconsin Supreme Court · 1873
  5. Delie v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881

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