Lemke v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of MihoavJcee County. On Friday, December 4, 1874, tlie plaintiff delivered to the defendant company at Milwaukee, for shipment, three boxes of medicine of the value of $190, consigned to his agent, Emil Stellmaeher, at "Watertown, and notified the latter, hy mail, of such shipment.
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APPEAL from the County Court of MihoavJcee County. On Friday, December 4, 1874, tlie plaintiff delivered to the defendant company at Milwaukee, for shipment, three boxes of medicine of the value of $190, consigned to his agent, Emil Stellmaeher, at "Watertown, and notified the latter, hy mail, of such shipment. Stellmaeher received the notice by due course "of mail, and on Saturday, December 5th, at three o’clock P. M., called at the depot of the defendant in "Watertown for the goods, but the same had not then arrived there. The goods arrived at Watertown at 5.30 P. M. on the 5th, and were…
1Opinion of the CourtLyoN, J.
If the special finding of facts is inconsistent with the general verdict for the plaintiff, the former must control such verdict, and the defendant is entitled to judgment. B. S., ch. 132, see. 32. The county court held that the special finding is inconsistent with the general verdict, but did not give, and was not asked to give, judgment for the defendant. By arresting judgment, the court merely refused to give judgment for the plaintiff on the general verdict in his favor, and there stopped. If the court took the correct view of the special finding of facts, the defendant asked for and…
2Cases cited3 opinions
- Wood v. CrockerWisconsin Supreme Court · 1864
- Noonan v. OrtonWisconsin Supreme Court · 1872
- Wood v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
3Cited by18 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- United Fruit Co. v. New York & Baltimore Transportation Co.Court of Appeals of Maryland · 1906
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