Wilcox v. Hemming
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. Beplevin. Most of the material facts are stated in the •opinion. The portion of the charge to the jury therein referred to was as follows: “The question then is, Were these horses in the streets at large ... by the permission or by the negligence of the plaintiff? They being confessedly 4he property of the plaintiff, he, of course, was bound to •exercise some care over them to prevent them from running •at large.
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APPEAL from the Circuit Court for Boole County. Beplevin. Most of the material facts are stated in the •opinion. The portion of the charge to the jury therein referred to was as follows: “The question then is, Were these horses in the streets at large ... by the permission or by the negligence of the plaintiff? They being confessedly 4he property of the plaintiff, he, of course, was bound to •exercise some care over them to prevent them from running •at large. If he failed to exercise such care as was reasonable under the circumstances, and by reason of his own neglect to take care of them…
1Opinion of the Court
The following opinion was filed April 4, 1883:
Oetobt, J.
This is an action of replevin, without claim of delivery, for three horses, the property of the plaintiff, taken and detained by the defendant. The defendant justifies such taking and detention by virtue of his being master or keeper of the public pound of the city of Janesville, and having authority and right under the charter and ordinances of said city to receive and detain said horses in such pound, and to sell the same, on account of their having been permitted by the plaintiff as such owner to run or be at large in one of the…
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