Templeton v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county: James J. Dick, Circuit Judge. The appeal is from a judgment rendered upon a verdict-in favor of the appellant upon appeal to the circuit- court from an award of commissioners in a condemnation proceeding. The respondent filed its petition March 3, 1904, for the appointment of commissioners. The commissioners awarded the plaintiff $206 damages, and to his grantor, Mary E. Peffer, six cents damages.
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Appeal from a judgment of the circuit court for Wau-kesha county: James J. Dick, Circuit Judge. The appeal is from a judgment rendered upon a verdict-in favor of the appellant upon appeal to the circuit- court from an award of commissioners in a condemnation proceeding. The respondent filed its petition March 3, 1904, for the appointment of commissioners. The commissioners awarded the plaintiff $206 damages, and to his grantor, Mary E. Peffer, six cents damages. The- plaintiff bought the property in question from Mary E. Peffer on May 28, 1904, together with the right to have and recover…
1Opinion of the CourtTimliN, J.
The appellant assigns error because the trial court denied his motion to dismiss the respondent’s appeal to the circuit court from the award of commissioners, based on the ground that such appeal did not include the award of nominal damages to Mary E. Peffer. This objection cannot prevail under the rule of Brickles v. Milwaukee L., H. & T. Co., ante, p. 358, 114 N. W. 810. The trial court charged the jury in this case as he did in Marsh v. Milwaukee L., S. & T. Co., post, p. 384, 114 N. W. 804, and for this last error the judgment appealed from must be reversed.
By the Court. — The judgment of…
2Cases cited2 opinions
- Marsh v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908
- Brickles v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1908