Winter v. Beebe
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for St. Croix •county: E. W. HelMS, Circuit Judge. Action to recover damages for assault and battery.
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Appeal from a judgment of tbe circuit court for St. Croix •county: E. W. HelMS, Circuit Judge. Action to recover damages for assault and battery. Tbe undisputed evidence shows that plaintiff was employed by defendant to put in electric droplights in a store in tbe city of New Richmond; that defendant conducted a drug store adjacent to tbe store in question, and about five days prior to March 15, 1904, leased this store; that, although said stores were in the same building, there were no doors or other connection between them allowing passage from one to the other; that on said 15th day of…
1Opinion of the CourtKeewiN, J.
Two questions arise under the assignments of error: Eirst, Was the court right in holding that upon the evidence the plaintiff was entitled to judgment, and in submitting to the jury only the question of amount of damages ?' and second, Did the court err in excluding evidence ?
*3821. Tbe facts in this case bring it clearly witbin tbe rule of Monson v. Lewis, 123 Wis. 583, 101 N. W. 1094. Tbe plaintiff bad peaceable possession of tbe key, and tbe defendant was not justified in making an assault upon plaintiff for tbe purpose of getting possession of it. He therefore was liable for tbe damages…
2Cases cited1 opinion
- Monson v. LewisWisconsin Supreme Court · 1905
3Cited by1 opinion
- Farley v. BriebachWisconsin Supreme Court · 1906