Hildebrand v. Carroll
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Columbia county: R. G. Siebecker, Circuit Judge. Action to recover damages for injury to a horse. The plaintiff is a livery-stable keeper in the city of Portage. In August, 1898, the defendant hired a team from him to drive to Montello, a distance of about twenty-two miles. He made the trip, and returned the team on the evening of the following day. When returned, one of the horses was foundered.
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ERROR to review a judgment of the circuit court for Columbia county: R. G. Siebecker, Circuit Judge. Action to recover damages for injury to a horse. The plaintiff is a livery-stable keeper in the city of Portage. In August, 1898, the defendant hired a team from him to drive to Montello, a distance of about twenty-two miles. He made the trip, and returned the team on the evening of the following day. When returned, one of the horses was foundered. The plaintiff seeks to recover damages for this injury on the ground of defendant’s negligence. The jury found for defendant, and to review certain…
1Opinion of the CourtBardeen, J.
1. On'the trial the defendant was permit.ted, against plaintiff’s objection, to testify that Mr. Goff, who examined the horse at Montello, told him that it was an old founder, and to take the horse and drive it home. One of the main facts in controversy was whether the horse had become injured while in defendant’s possession. "While the evidence regarding the. condition of the horse prior to the hiring is vague and unsatisfactory, there is evidence from one witness that he “ was in good condition ” when delivered to defendant. The man Goff had had thirty-five or forty years’ experience in…
2Cases cited13 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Collins v. . BennettNew York Court of Appeals · 1871
- Cumins v. WoodIllinois Supreme Court · 1867
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Funkhouser v. WagnerIllinois Supreme Court · 1871
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3Cited by12 opinions
- Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
- Rost v. RobertsWisconsin Supreme Court · 1923
- Crinella v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1927
- Lebens v. WolfSupreme Court of Minnesota · 1917
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