Sayles v. Bemis
Wisconsin Supreme Court
APPEAL from the Circuit Court for B,ool& County. The case is thus stated by Mr. Justice Taylok: “ The plaintiff brought her action to recover damages for unlawfully, wilfully, and with force of arms breaking and entering into and upon her premises, and then and there taking down a fence belonging to her and inclosing her premises; alleging that, by reason of such unlawful entry of the defendant and tearing down the fence of the plaintiff, one of the plaintiff’s cows, then…
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APPEAL from the Circuit Court for B,ool& County. The case is thus stated by Mr. Justice Taylok: “ The plaintiff brought her action to recover damages for unlawfully, wilfully, and with force of arms breaking and entering into and upon her premises, and then and there taking down a fence belonging to her and inclosing her premises; alleging that, by reason of such unlawful entry of the defendant and tearing down the fence of the plaintiff, one of the plaintiff’s cows, then upon her premises, got out and strayed from her premises and was drowned, by reason of the acts of said defendant, and…
1Opinion of the Court
Taylor, J".
The counsel for the appellant insist that it was error to direct a verdict for the defendant. The learned circuit judge evidently treated the action as brought for the sole purpose of recovering the value of the cow, and not as an action for trespass upon real estate; and, treating it as such, he then held that as there was no direct and positive evidence that the plaintiff was the sole owner of the fence which had been taken down by the defendant, there was no' evidence in the case tending to show that he was guilty of a trespass or negligence in so doing. The learned judge held…
2Cases cited3 opinions
- Eaton v. LymanWisconsin Supreme Court · 1872
- Pitzner v. ShinnickWisconsin Supreme Court · 1877
- Aylesworth v. HerringtonMichigan Supreme Court · 1868
3Cited by4 opinions
- Ruthven v. Farmers Co-operative Creamery Co.Supreme Court of Iowa · 1908
- Hoff v. OlsonWisconsin Supreme Court · 1898
- Cackowski v. Jack A. Halprin, Inc.Supreme Court of Connecticut · 1945
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893