Hassa v. Junger
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. This action was commenced before a justice of the peace. The complaint alleged that on &c., tbe defendant tore down and removed part of a fence dividing certain land of which the plaintiff was lessee, from the land of the defendant, in consequence of which the plaintiffs growing crop of wheat was damaged $50. The proof was that the fence was removed about the middle of April, and the plaintiff began to plow his land about…
Read the full summary
APPEAL from tbe Circuit Court for Columbia County. This action was commenced before a justice of the peace. The complaint alleged that on &c., tbe defendant tore down and removed part of a fence dividing certain land of which the plaintiff was lessee, from the land of the defendant, in consequence of which the plaintiffs growing crop of wheat was damaged $50. The proof was that the fence was removed about the middle of April, and the plaintiff began to plow his land about the 22d of that month, and finished sowing it to wheat about the 2d of May. — The justice decided that the fence had been…
1Opinion of the Court
By the Court,
PAINE, J.
The judgment in this case must be affirmed. The suit was brought, as appears by the complaint, solely for an injury to the plaintiff’s crop, which was alleged to have been occasioned by the defendant’s taking down the fence. There was no allegation and no proof that the fence removed belonged to the plaintiff, or that the defendant trespassed upon the land in possession of the plaintiff in removing it. The only injury complained of is consequential — that arising to the crop by cattle getting in where the fence was taken down. The evidence returned by the justice showed…
2Cited by5 opinions
- Campbell v. BabbittsWisconsin Supreme Court · 1881
- Knight v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1892
- McCracken v. Village of MarkesanWisconsin Supreme Court · 1890
- Donner v. GenzWisconsin Supreme Court · 1906
- West v. Vanden BrookWisconsin Supreme Court · 1888