Ayres v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bcmli County. The facts in this case are substantially the same as in the case of Richardson v. C. & N. W. R'y Co., ante, p. 534, except as to the allegation of the complaint in respect to the delay, which is set forth in the opinion. The stock was to be shipped from Lavalle and Reedsburg to Chicago.
1Opinion of the CourtObtom, J.
That part of the order denying the motion of the defendant to make the complaint more definite and certain is appealed from. As said in reference to a similar complaint in a previous case on this call, “ there appears to be no indefiniteness or uncertainty about the allegations of the complaint, except it may be in the matter of damages. Most of the other defects in this respect, complained of, concern facts more especially within the knowledge of the defendant. But, in respect to the damages complained of, it is proper that the defendant should be informed what part of such damages is…
2Cited by2 opinions
- Young v. LynchWisconsin Supreme Court · 1886
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889