St. Paul Boom Co. v. Kemp
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: James O’Neill, Judge. Action of replevin to recover pine lumber and logs. It appears that plaintiff, a corporation, maintains a boom and rafting works in the Mississippi river below Fort Snelling, Minnesota, and makes a business of gathering stray logs in the river, holding them, and accounting for them to the various •owners, under an agreement with them.
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Appeal from a judgment of the circuit court for Pierce county: James O’Neill, Judge. Action of replevin to recover pine lumber and logs. It appears that plaintiff, a corporation, maintains a boom and rafting works in the Mississippi river below Fort Snelling, Minnesota, and makes a business of gathering stray logs in the river, holding them, and accounting for them to the various •owners, under an agreement with them. It had been so engaged for a number of years prior to the time in question. On May 12, 1902, plaintiff’s employees had gathered sixty-three pine logs which had escaped from its…
1Opinion of the CourtSnsBECKER, J.
Exception is urged to tbe ruling permitting a witness to read from a memorandum while testifying. One of tbe plaintiff’s witnesses testified that be made memo-randa of log marks, as be found them on tbe logs, in a notebook which be produced, and tbe court thereupon permitted him to read tbe entries so made. It is urged that this does not furnish a sufficient foundation to make bis evidence competent. Tbe court evidently regarded tbe witness’s statement as equivalent to tbe assertion that be bad made tbe entries and that they were correctly made. We think this significance can properly be…
2Cases cited4 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- Jenkins v. SteankaWisconsin Supreme Court · 1865
- Starke v. PaineWisconsin Supreme Court · 1893
3Cited by4 opinions
- Vetter v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1909
- Behling v. PosorskeWisconsin Supreme Court · 1920
- Whitman v. Muskegon Log Lifting & Operating Co.Michigan Supreme Court · 1908
- The People v. BrothersIllinois Supreme Court · 1932