Legal Opinion

Brownell v. Durkee

Wisconsin Supreme Court

Decided June 3, 1891PublishedCited by 1 opinion

APPEAL from the Circuit Court for Bode County. Action for an assault and battery. The facts are stated in the opinion. A verdict was directed in favor of the defendants, and from the judgment thereon the plaintiff appealed.

1Opinion of the Court

The following opinion was filed March 17, 1891:

Cole, C. J.

This is an action brought to recover damages for the wrong of the defendants in assaulting the-, plaintiff on or about the 15th of December, 1885, and forcibly ejecting him from a railroad car while he was unloading coal that belonged to him. The defendants justify their acts by answering that, at the time, the defendant. Harris R. Dxorl&ee was a constable and had a writ of attachment in favor of the other two defendants against one Price, and one Paul, and that he levied on the coal in the car mentioned as the property of Price and…

2Cases cited5 opinions

  1. Gilman v. WilliamsWisconsin Supreme Court · 1859
  2. State v. DownerSupreme Court of Vermont · 1836
  3. Elder v. MorrisonNew York Supreme Court · 1833
  4. Merritt v. MillerSupreme Court of Vermont · 1841
  5. State v. BuchananSupreme Court of Vermont · 1845

3Cited by1 opinion

  1. Jerome Movrich v. David J. LobermeierWisconsin Supreme Court · 2018

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