Price v. Grzyll
Wisconsin Supreme Court
Appeal fro-m a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. Action for assault and battery committed by defendant-on plaintiff, in that he wilfully and maliciously pushed the-plaintiff over a porch railing, causing her to fall to the ground, whereby she suffered serious injuries. The answer-interposed contained merely a general denial.
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Appeal fro-m a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. Action for assault and battery committed by defendant-on plaintiff, in that he wilfully and maliciously pushed the-plaintiff over a porch railing, causing her to fall to the ground, whereby she suffered serious injuries. The answer-interposed contained merely a general denial. The contention of the plaintiff was that, having visited the defendant’s-, house on a matter of business and having been threateningly ordered to leave, he, as she reached the door, suddenly seized" her by the throat and threw…
1Opinion of the CourtDodge, J.
The most important question presented is whether the trial court abused judicial discretion by allowing the issue of justification of the assault to be brought into the case after completion of the trial and rendition of verdict.Doubtless such a step is very unusual where the opposing party has at all times protested against the trial of such issue; and if, in such case, it is believable that such party might have modified his conduct by offering other evidence or the like, such an amendment would probably be condemned even on appeal. Manitowoc S. B. Works v. Manitowoc G. Co. 120 Wis. 1, 97…
2Cases cited12 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Gates v. PaulWisconsin Supreme Court · 1903
- Smith v. ColemanWisconsin Supreme Court · 1890
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Webster Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Feldmeier v. Springfield Fire & Marine InsuranceWisconsin Supreme Court · 1920
- Pithan v. WanglerSouth Dakota Supreme Court · 1912