Lane v. Cameron
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. A pair of horses belonging to the plaintiffs, having been loaned to the defendants, became sick while in the possession of the latter, and subsequently died in consequence of that sickness. This action was brought to recover the damages thus accruing to the plaintiffs. The allegations of the original complaint are sufficiently stated in the opinion.
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APPEAL from the Circuit Court for Winnebago County. A pair of horses belonging to the plaintiffs, having been loaned to the defendants, became sick while in the possession of the latter, and subsequently died in consequence of that sickness. This action was brought to recover the damages thus accruing to the plaintiffs. The allegations of the original complaint are sufficiently stated in the opinion. After the defendants had answered, the plaintiffs, by leave of the court, served an amended complaint, which set out the facts as to the borrowing, neglect and wrongful use of the horses by…
1Opinion of the CourtCole, J.
It is quite clear to my mind that the amended complaint states what under the former system of pleading would be called an action on the case. The facts stated show a breach of duty on the part of the defendants in using the horses in a different manner, or for a different purpose, from that which was intended by the parties, and that as a consequence the horses were exposed to the disease from which they sickened and died. That is, the very ground of the action is a breach of duty in the misuser of the horses. In Burnett v. Lynde, 5 Barn. & Cress., 609, Mr. Justice Littledale states the…
2Cases cited1 opinion
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
3Cited by14 opinions
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Post v. CampbellWisconsin Supreme Court · 1901
- Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
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