Andrews v. Youmans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waultesha County. After tbis action'was before this court, and the right of. the plaintiff to recover for cutting down the trees in question was determined (78 Wis. 56, where the case is stated), it was tried on the merits, and a verdict given for the plaintiff for $100 damages, and from a judgment thereon the defendant appeals.
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APPEAL from the Circuit Court for Waultesha County. After tbis action'was before this court, and the right of. the plaintiff to recover for cutting down the trees in question was determined (78 Wis. 56, where the case is stated), it was tried on the merits, and a verdict given for the plaintiff for $100 damages, and from a judgment thereon the defendant appeals. The cause of action was for cutting down and carrying away fourteen shade and shelter trees, standing at the side of the highway along plaintiff’s lot, consisting of half an acre of land near the depot at Mukwonago, alleged to be…
1Opinion of the CourtPiNNEY, J.
1. The granting of a view of the premises is a matter resting in the discretion of the trial court, and refusal to grant it cannot be assigned as error. Sec. 2852, R. S.; Pick v. Rubicon Hydraulic Co. 27 Wis. 433; Boardman v. Westchester F. Ins. Co. 54 Wis. 364.
*832. Ordinarily a witness cannot give his conclusions from facts, but must state the facts, leaving the drawing of conclusions to the court and jury; but an opinion can be given in evidence by a non-expert as to matters with which he is specially acquainted but -which cannot be specifically described. In speaking of the admissibility of…
2Cases cited15 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Clark v. . BairdNew York Court of Appeals · 1853
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
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3Cited by7 opinions
- Gilman v. BrownWisconsin Supreme Court · 1902
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Maloney v. KingMontana Supreme Court · 1904
- Groundwater v. Town of WashingtonWisconsin Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.