Weight v. Mulvaney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. In tbe year 1888, the plaintiffs-were engaged in the business of fishermen, in the waters of Gfreen Bay, and had what is called a pound or pot net set near the direct route from the mouth of Oconto river to Peshtigo harbor. The net was set at right angles to the shore, and extended from near such route where the pot was set about sixty-five rods northeast towards the shore.
Read the full summary
APPEAL from the Circuit Court for Oconto County. In tbe year 1888, the plaintiffs-were engaged in the business of fishermen, in the waters of Gfreen Bay, and had what is called a pound or pot net set near the direct route from the mouth of Oconto river to Peshtigo harbor. The net was set at right angles to the shore, and extended from near such route where the pot was set about sixty-five rods northeast towards the shore. It was held in position by posts five rods apart, reaching four feet above the surface of the water, to which the net was attached. These could be seen in the day-time in…
1Opinion of the CourtLyok, J.
1. The learned counsel for defendant maintains that his client is not liable in this action unless he or his servants ran the steam-tug over plaintiff’s net maliciously or wantonly. The jury have negatived the existence of any such malice or wantonness by finding that the injury was without the knowledge or consent of the defendant or his servants navigating the tug. If, therefore, the proposi*93tion of counsel that the defendant is only liable for the results of his malice or wantonness is correct, there can be no recovery in this action.
We cannot doubt that the plaintiffs might lawfully fish…
2Cases cited3 opinions
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Anderson v. SloaneWisconsin Supreme Court · 1888
3Cited by24 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Beeson v. Atlantic-Richfield Co.Washington Supreme Court · 1977
- Gross v. HeckertWisconsin Supreme Court · 1904
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
19 more not listed; retrieve them via the Exa API.