Morely v. Dunbar
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. The plaintiff Mrs. Morely, being engaged in picking blackberries in a grove upon defendant’s premises, was ordered off the premises by defendant, who kicked lier and struck lrer with a stick, besides pursuing ker with oaths, and with threatening and indecent language.
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APPEAL from the Circuit Court for Green County. The plaintiff Mrs. Morely, being engaged in picking blackberries in a grove upon defendant’s premises, was ordered off the premises by defendant, who kicked lier and struck lrer with a stick, besides pursuing ker with oaths, and with threatening and indecent language. The action was brought for damages, and the complaint avers that said plaintiff, in consequence of such kicking and striking, “has been disabled, lame and sore, and has ever since suffered great pain and anguish,- and been prevented thereby from assisting her husband, and attending…
1Opinion of the CourtDixon, C. J.
This, case comes up on exceptions to portions of the charge, and to the refusal of the court to give several instructions asked by the defendant., Of the exceptions to the charge, it is enough to say that they are not well taken. A charge more clearly and fairly stating the law of the case, could not well have been given. '
Of the instructions asked, the first and second were properly refused, because they ignored entirely the question whether the defendant was actuated by malice. If he was, then, even if provoked, or if the plaintiff Mrs. Morely was a trespasser upon his lands, he might still…
2Cases cited9 opinions
- Taber v. HutsonIndiana Supreme Court · 1854
- Birchard v. BoothWisconsin Supreme Court · 1856
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Gaither v. BlowersCourt of Appeals of Maryland · 1857
- Lee v. WoolseyNew York Supreme Court · 1822
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Wilson v. YoungWisconsin Supreme Court · 1872
- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
9 more not listed; retrieve them via the Exa API.