Zimmerman v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chables Siíith, Judge. The plaintiff complained of an assault and battery upon him by a servant of defendant on October. 19, 1912. By special verdict it was found by the court that the plaintiff was at the time in question a trespasser on defendant’s premises and in the act of unlawfully taking away pieces of board, and by the jury that defendant’s servant, acting within the scope of his duty, did aggressively…
Read the full summary
Appeal from a judgment of the superior court of Douglas county: Chables Siíith, Judge. The plaintiff complained of an assault and battery upon him by a servant of defendant on October. 19, 1912. By special verdict it was found by the court that the plaintiff was at the time in question a trespasser on defendant’s premises and in the act of unlawfully taking away pieces of board, and by the jury that defendant’s servant, acting within the scope of his duty, did aggressively and otherwise than in self-defense use force upon the plaintiff. Compensatory damages of $1,700 were awarded, from which,…
1Opinion of the CourtTimxiN, J.
We have come to the conclusion that this judgment must be reversed because submitted to the jury in an improper manner prejudicial to defendant and because of erroneous exclusion of evidence, and therefore shall notice and criticise rulings upon evidence which standing alone would not suffice for reversal, so that if possible like errors may be avoided by trial courts.
The defendant requested as part of the special verdict the following questions: (1) “Did the watchman, Malchow, use unnecessary force in protecting the property of the defendant? (2) Did the watchman, Malchow, use unnecessary…
2Cases cited2 opinions
- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Nelson v. SnoyenbosWisconsin Supreme Court · 1914
3Cited by3 opinions
- Brause v. BrauseSupreme Court of Iowa · 1920
- Oshogay v. SchultzWisconsin Supreme Court · 1950
- Oshogay v. SchultzWisconsin Supreme Court · 1950