Gerbig v. Bell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Juneau ■county; J. J. FRüit, Circuit Judge. The plaintiff brought suit to recover the value of some logs •and timber alleged to have been wrongfully cut and removed ■from his lands.
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Appeal from a judgment of the circuit court for Juneau ■county; J. J. FRüit, Circuit Judge. The plaintiff brought suit to recover the value of some logs •and timber alleged to have been wrongfully cut and removed ■from his lands. The defendant denied that any trespass was committed upon the lands of the plaintiff, and set up as ■a separate defense that, if any timber was cut upon plaintiff’s lands, it was cut without the knowledge, authority, or direction of the defendant, by one Blakeslee, to whom the defendant sold the timber on certain parcels of land owned by him and adjoining those of…
1DissentKeewih, J.
Error is assigned in the-charge, in allowing costs to plaintiff and in changing the answers to questions Nos. 2 and 3 of the special verdict.. The jury found:
“(2) Did the plaintiff by his conduct and by the erection of the fence, as shown by the testimony, on the easterly side of his land, lead the parties cutting the timber to believe and rely upon the same as the true boundary line between the parties hereto ? A. Yes.
“(3) Did the defendant, Bell, aid, abet, counsel, or advise Blakeslee to cut the timber to the west of the true boundary line between the lands of these parties ? A. No.”
The…
2Cases cited11 opinions
- Hartung v. WitteWisconsin Supreme Court · 1884
- McMannus v. LeeSupreme Court of Missouri · 1869
- McCloskey v. PowellSupreme Court of Pennsylvania · 1889
- Fox River Flour & Paper Co. v. KelleyWisconsin Supreme Court · 1887
- Shepherd v. McQuilkinWest Virginia Supreme Court · 1867
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