Ranney v. Higby
Wisconsin Supreme Court
APPEAL PROM THE MILWAUKEE CIRCUIT COURT. Tbis cause baying been before this court twice before, and the facts fully reported in 4 Wis. E., 154, and also again in 5 Wis. E., 62, a repetition of the pleadings, and testimony will not be here given, but reference is made to the former reports for the history of the case.
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APPEAL PROM THE MILWAUKEE CIRCUIT COURT. Tbis cause baying been before this court twice before, and the facts fully reported in 4 Wis. E., 154, and also again in 5 Wis. E., 62, a repetition of the pleadings, and testimony will not be here given, but reference is made to the former reports for the history of the case. Upon a new trial in the Circuit comí, and after the introduction of substantially the same proof as upon the two former trials, the plaintiff’s counsel asked the court to instruct the jury on the first four points precisely as moved on the former trial and reported 5 Wis. E., 68,…
1Opinion of the Court
By the Ootirt,
Cole J.
This case has been twice before this court, and our views upon it l^ave been fully expressed in two opinions already given, 4 Wis. 154; 5 id., 62. No facts were elicited at the last trial which were new and material to *29tbe issue, and we therefore see nothing in the present attitude of the case to alter or in the least change these views. The case presents to our minds no difficulty, and we are very clear as to what are the rights and liabilities of the parties. Upon the whole evidence as presented to the court below and jury, we are of the opinion tliat the appellants…
2Cases cited1 opinion
- Ranney v. HigbyWisconsin Supreme Court · 1856
3Cited by2 opinions
- Shaft v. CareyWisconsin Supreme Court · 1902
- State ex rel. Turner v. Circuit Court for Ozaukee CountyWisconsin Supreme Court · 1888