Oleson v. Brown
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. This action was commenced in justice’s court, for injuries done to a span of horses, harness and sleigh belonging to plaintiff, in consequence of the defendant Brown's striking the horses with a whip, causing them to run away, throw off a load of wood which was upon a sleigh, break the sleigh and harness, etc.
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. This action was commenced in justice’s court, for injuries done to a span of horses, harness and sleigh belonging to plaintiff, in consequence of the defendant Brown's striking the horses with a whip, causing them to run away, throw off a load of wood which was upon a sleigh, break the sleigh and harness, etc. The answer contained a general denial, and the defendant Brown further answered that at the time alleged he was carrying the United States mail; that plaintiff, by his team and driver, obstructed the road; and that whatever was done…
1Opinion of the CourtOole, J.
There is abundant evidence in this case to show that $10.60, the amount of the justice’s judgment, did not exceed the mere compensatory damages which the plaintiff sustained by the injury. The learned counsel for the defendants contends that the direct actual damages did not exceed sixty-five cents; that is, fifty cents for the injury to the harness, and fifteen cents for the injury done to the sleigh. To limit the recovery to that amount would be a mockery of justice; for it is idle to say that it would be any compensation for the trespass committed. The elements of the direct proximate…
2Cases cited1 opinion
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
3Cited by11 opinions
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Ingram v. RankinWisconsin Supreme Court · 1879
- Gould v. Merrill Railway & Lighting Co.Wisconsin Supreme Court · 1909
- Barton v. Pepin County Agricultural SocietyWisconsin Supreme Court · 1892
- Ellis v. HiltonMichigan Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.