Farley v. Briebach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. This action was brought to recover damages for assault and battery.. At the time of the alleged assault and battery plaintiff was a butcher workman employed in the city of La Crosse, Wisconsin. He was a member and officer of an organization commonly known as the Butchers’ Union.
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Appeal from a judgment of the circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. This action was brought to recover damages for assault and battery.. At the time of the alleged assault and battery plaintiff was a butcher workman employed in the city of La Crosse, Wisconsin. He was a member and officer of an organization commonly known as the Butchers’ Union. The defendants were at the time of the assault and battery proprietors of another meat market in said city, and had in their shop a union or market card furnished by the Butchers’ Union. On the day of the assault plaintiff…
1Opinion of the CourtKerwin, J.
But two questions need be considered upon this appeal: (1) Did the plaintiff get peaceable possession of the card? and (2) Did the defendants by force take it from the possession of plaintiff, and in so doing commit an assault and battery? Counsel for defendants frankly says in his brief: “If this court thinks the evidence shows no justification, then the verdict should stand.” We think it very clear that the evidence shows no justification. The plaintiff entered the shop of defendants, and publicly and peaceably got possession of the card under claim of right. He was an officer of the union…
2Cases cited2 opinions
- Monson v. LewisWisconsin Supreme Court · 1905
- Winter v. BeebeWisconsin Supreme Court · 1905