Shall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: EeaNK A. Ross, Circuit Judge. Tbis action was brought to recover damages for an unlawful search of the plaintiff’s premises made in the nighttime by 'Charles Busche and J. 0. Olson while in the employ of the defendant and acting within the scope of their duty.
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Appeal from a judgment of tbe circuit court for Douglas county: EeaNK A. Ross, Circuit Judge. Tbis action was brought to recover damages for an unlawful search of the plaintiff’s premises made in the nighttime by 'Charles Busche and J. 0. Olson while in the employ of the defendant and acting within the scope of their duty. The search of the plaintiff’s dwelling was made on the 2d day of October, 1912, at about 12 o’clock midnight, by said Busche and Olson for the purpose of discovering property which had been stolen from the roundhouse of the defendant. The said Busche and Olson, while acting…
1Opinion of the CourtKebwiw, J.
The plaintiff produced evidence tending to show that Busehe and Olson were in the employ of defendant at the time in question and engaged in investigation of a supposed theft or burglary committed on the premises of the defendant. They went to the dwelling house of the plaintiff in the nighttime to search it with a view of obtaining evidence connecting plaintiff’s son with the crime. Plaintiff is a widow and has two sons and a daughter with whom she lives. On the night in question she was alone in her home, her two sons and daughter being absent. She expected one of the sons home about'…
2Cases cited11 opinions
- Gatzow v. BueningWisconsin Supreme Court · 1900
- McClurg v. BrentonSupreme Court of Iowa · 1904
- Dunn v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
- Koerber v. PatekWisconsin Supreme Court · 1904
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
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3Cited by3 opinions
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Lechner v. EbenreiterWisconsin Supreme Court · 1940
- Wolf v. ColoradoSupreme Court of the United States · 1949