Savage v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for /St. Groix County. Action for damages for the unlawful taking from the premises of the plaintiff, by the defendant, of a horse belonging to plaintiff, and for the improper and negligent feeding and driving of the same, which are alleged to have caused its death. The defendant denied both the unlawful taking and the improper and negligent use, and alleged that he hired the horse of the plaintiff.
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APPEAL from the Circuit Court for /St. Groix County. Action for damages for the unlawful taking from the premises of the plaintiff, by the defendant, of a horse belonging to plaintiff, and for the improper and negligent feeding and driving of the same, which are alleged to have caused its death. The defendant denied both the unlawful taking and the improper and negligent use, and alleged that he hired the horse of the plaintiff. On the trial, the evidence showed that plaintiff left home at six o clock on the morning of the 3d of June, and returned at 11 A. M. the next day; that defendant…
1Opinion of the Court
By the Court,
Cole, J.
It is objected that the court erred in excluding tbe testimony of the witness Brockbank. But what bearing the matter offered to be proven by this witness would have upon tbe question whether the wife bad general or special authority from her husband to hire tbe horse to tbe defendant, we do not readily perceive. It is claimed that tbe evidence was a circumstance tending to show that tbe husband acquiesced in and approved of tbe acts of tbe wife in control-ing tbe property. But bow does it tend to show this ? In tbe first place it does not appear that tbe wife did in any…
2Cases cited2 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Church v. LandersNew York Supreme Court · 1833
3Cited by11 opinions
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- Bouck v. EnosWisconsin Supreme Court · 1884
- Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Gallinger v. Lake Shore Traffic Co.Wisconsin Supreme Court · 1886
- Butts v. NewtonWisconsin Supreme Court · 1872
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