Field v. Apple River Log Driving Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for St. Groins County. Action to recover damages for injuries to lands situated on the Apple river, alleged to have been caused by the negligence of the defendant corporation. The plaintiffs were in possession of the land, claiming title under the will^ of Mary Field, deceased wife of the plaintiff F. B. Field, which had been admitted to probate August 7, 1876. The facts will sufficiently appear from the opinion.
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APPEAL from tbe Circuit Court for St. Groins County. Action to recover damages for injuries to lands situated on the Apple river, alleged to have been caused by the negligence of the defendant corporation. The plaintiffs were in possession of the land, claiming title under the will^ of Mary Field, deceased wife of the plaintiff F. B. Field, which had been admitted to probate August 7, 1876. The facts will sufficiently appear from the opinion. There was a verdict for the plaintiffs, and from the judgment entered thereon the defendant appealed. They argued, among other things, that the…
1Opinion of the Court
Cole, 0. J.
We can see no force in the objection that the plaintiffs did not show a sufficient title to the premises alleged to have been injured to maintain this action. They were in possession, and it was not essential that they show a perfect title as against a wrong-doer. Hungerford v. Redford, 29 Wis. 345; McNarra v. C. & N. W. R. Co. 41 Wis. 69; Carl v. S. & F. du L. R. Co. 46 Wis. 632.
Moreover, we can see no merit in the objection that the will of Mary Field, under which they made title, was not duly proved and admitted to probate. It is true, the published notice fixed Monday, the 24th…
2Cases cited3 opinions
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- McNarra v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Carl v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1879
3Cited by20 opinions
- Kamm v. NormandOregon Supreme Court · 1907
- Hot Springs Lumber & Manufacturing Co. v. RevercombSupreme Court of Virginia · 1906
- Mitchell v. Lea Lumber Co.Washington Supreme Court · 1906
- Witheral v. Muskegon Booming Co.Michigan Supreme Court · 1888
- Moore v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
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