Legal Opinion

Kertschacke v. Ludwig

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 7 opinions

APPEAL from the County Court of Milwaukee County. The plaintiff appealed from a judgment dismissing the complaint, &c. The ease is stated in the opinion. relied on ch. 110, Laws of 1866; and, as to the effect of the repealing statute, he cited Stephens ■v.Marshall, 3 Chand, 222; Selsby v. Redlon, 19 Wis., 17; 1 Kent’s Comm (5th ed.), 455; Watson v. Mercer, 8 Peters, 110; 7 Johns., 477; 2 Gallia, 139; 1 Yerg., 360; 5 id., 320; 4 Yt., 37; 1 Blackf., 374, 220; 3 N. H., 473; 3…

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APPEAL from the County Court of Milwaukee County. The plaintiff appealed from a judgment dismissing the complaint, &c. The ease is stated in the opinion. relied on ch. 110, Laws of 1866; and, as to the effect of the repealing statute, he cited Stephens ■v.Marshall, 3 Chand, 222; Selsby v. Redlon, 19 Wis., 17; 1 Kent’s Comm (5th ed.), 455; Watson v. Mercer, 8 Peters, 110; 7 Johns., 477; 2 Gallia, 139; 1 Yerg., 360; 5 id., 320; 4 Yt., 37; 1 Blackf., 374, 220; 3 N. H., 473; 3 Dali., 391, 397, 386; 5 Mon., 122; 18 Johns., 138; 2 Cranch, 272; 11 Mass., 396; 7 Conn., 550. as to the necessity, at…

1Opinion of the Court

Tbe following opinion was filed at tbe January term, 1871:

LyoN, J.

This action was brought to recover damages for injuries inflicted upon tbe plaintiff by tbe dog of tbe defendant. Tbe complaint does not allege tbat tbe dog was vicious, and tbat tbe defendant bad knowledge of tbe fact. Tbat is, it does not allege tbe scienter. . Tbe action was commenced in March, 1869, and came on for trial in tbe county court, December 22d, 1870. A jury was empannelled and sworn to try tbe issue of fact which bad been made by tbe answer of tbe defendant, and tbe plaintiff proceeded to introduce testimony,…

2Cases cited2 opinions

  1. Dearth v. BakerWisconsin Supreme Court · 1867
  2. Beebee v. O'BrienWisconsin Supreme Court · 1860

3Cited by7 opinions

  1. Nelson v. HansenWisconsin Supreme Court · 1960
  2. Slinger v. HennemanWisconsin Supreme Court · 1875
  3. Will of Robinson v. RobinsonWisconsin Supreme Court · 1935
  4. Patee v. AdamsSupreme Court of Kansas · 1887
  5. Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881

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