La Crosse & Milwaukee Railroad v. Seeger
Wisconsin Supreme Court
ERROR TO MILWAUKEE COUNTY COURT. This was an action of assumpsit brought by Seeger, tbe defendant in error, against tbe La Crosse and Milwaukee Railroad Company, plaintiff in error, in tbe County Court of Milwaukee county, and tried at tbe December term, 1854-, when tbe plaintiff below obtained a verdict and judgment.
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ERROR TO MILWAUKEE COUNTY COURT. This was an action of assumpsit brought by Seeger, tbe defendant in error, against tbe La Crosse and Milwaukee Railroad Company, plaintiff in error, in tbe County Court of Milwaukee county, and tried at tbe December term, 1854-, when tbe plaintiff below obtained a verdict and judgment. Tbe declaration contained these counts: 1st. Upon an award for tbe value of certain buildings and leasehold estate, in a certain lot in the city of Milwaukee taken by the defendants below for tbe use of tbe company, rendered by arbitrators mutually cbosen by tbe parties; 2d.…
1Opinion of the Court
By the Court,
Smith J.
We are unable to discover any material error in the proceedings of the court below, either in the instructions given to the jury, or refused to be given.
The question was fairly submitted to the jury, whether or not there was a mutual submission of the matters in controversy be-' tween the parties, to arbitrators; and whether an award was made. The jury have passed upon all the evidence, and have found, and in our opinion rightly, that there was a mutual submission and award, together with the further fact, that the defendant below actually took the property and…
2Cited by3 opinions
- Milwaukee & Mississippi Railroad v. EbleWisconsin Supreme Court · 1851
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Eastman v. SchettlerWisconsin Supreme Court · 1861