O'Brien v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for- St. Croix county: E. W. HelMs, Circuit Judge. Tbe appeal is from a judgment entered pursuant to a directed verdict in defendant’s favor.
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Appeal from a judgment of tbe circuit court for- St. Croix county: E. W. HelMs, Circuit Judge. Tbe appeal is from a judgment entered pursuant to a directed verdict in defendant’s favor. Tbe action is for tbe recovery of damages for breach of a contract to convey land, on facts alleged in substance as follows: May 1,1883, defendant contracted in writing to sell and convey to D. M. Sabin and "Walker, Judd & Yeazie, lands described in Schedules A and B attached to tbe complaint, those in A to be conveyed when paid for and those in B when defendant should acquire title thereto, the consideration…
1Opinion of the CourtMarshall, J.
The main question here is, Was there evidence from which the jury could reasonably have found facts requisite to a recovery by plaintiffs on the cause of action set forth in the complaint? It.is often said in jury cases that if there is any evidence to establish the existence of a disputed fact, and a conflict in that regard, the question respecting it is for the jury. That rule should be construed as calling for evidence worthy of belief in regard to the subject. If the truth of the proposition be not within the range of probabilities, in the light of reason and common sense, in view of…
2Cases cited7 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
- Collins v. City of JanesvilleWisconsin Supreme Court · 1903
- McDonald v. Provident Savings Life Assurances SocietyWisconsin Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.