Smith v. Federal Rubber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action .for malicious prosecution. The complaint alleges that the plaintiff, a physician and surgeon, was maliciously arrested and prosecuted without probable cause, changed with having knowingly received tires stolen from the defendant company.
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action .for malicious prosecution. The complaint alleges that the plaintiff, a physician and surgeon, was maliciously arrested and prosecuted without probable cause, changed with having knowingly received tires stolen from the defendant company. Plaintiff claims damages in the sum of $10,000. The answer of the defendant sets forth probable cause and alleges that defendant acted throughout on the advice of counsel, namely, the district attorney of Milwaukee county. It appears that in…
1Opinion of the CourtSiebecker, J.
It appears that Henry, an employee of the defendant company, on February 7-, 1918, confessed to stealing tires to Mr. Lauer. This confession was taken down in shorthand by his stenographer. The chief of police of the city of Cudahy was present, at Mr. Lauer’s request. On the following day Brownell also confessed to being implicated in this theft. At this time Henry gave additional details of how the tires were taken, disposed of, and to whom they were sold. In the statement of Henry he declared that some of the tires so stolen were sold to Dr. Smith, the plaintiff in this action. Brownell at…
2Cases cited3 opinions
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
- King v. Apple River Power Co.Wisconsin Supreme Court · 1907
- Small v. McGovernWisconsin Supreme Court · 1903
3Cited by8 opinions
- Gladfelter v. DoemelWisconsin Supreme Court · 1958
- Hajec v. NovitzkeWisconsin Supreme Court · 1970
- Mielke Ex Rel. Mielke v. RodeNorth Dakota Supreme Court · 1929
- Schaefer v. HayesWisconsin Supreme Court · 1966
- Elmer v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.