Smith v. Russ
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for the flowage of land by a mill-dam. Yerdict for plaintiff; new trial denied; and defendant appeals from a judgment on the verdict.
1Opinion of the CourtDixon, C. J.
The other exceptions might perhaps he . overruled, hut there is one on which I think the judgment must he reversed, and a new trial had. It is with, the greatest reluctance that I have come to this conclusion. Knowing the history of this litigation, the length of time it has been pending, the number of trials had, and the great expense attending each trial; and knowing also the difficulty which the ablest and most vigilant counsel frequently experience, in sharply contested cases, in preventing irrelevant or improper testimony from creeping in, I have felt that after the last full and…
2Cited by2 opinions
- Keating v. Pacific Steam Whaling Co.Washington Supreme Court · 1899
- State v. . MikleSupreme Court of North Carolina · 1879