Walsh v. Fisher
Wisconsin Supreme Court
ERROR to review a judgment of tbe superior court of jDoug-las county: Charles Smith, Judge. This was an action to recover $25.50, for fifteen days’ personal services rendered by one McKillop to the plaintiffs in error in June and July, 1896, the claim having been assigned by McKillop to Mrs. Fisher, the defendant in error.
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ERROR to review a judgment of tbe superior court of jDoug-las county: Charles Smith, Judge. This was an action to recover $25.50, for fifteen days’ personal services rendered by one McKillop to the plaintiffs in error in June and July, 1896, the claim having been assigned by McKillop to Mrs. Fisher, the defendant in error. The answer, after a general denial, contained a counterclaim, alleging that McKillop was employed under an entire contract for the season of 1896, and that he breached said contract without cause, and claimed damages for such breach. On the trial it appeared that the…
1Opinion of the CourtWinslow, J.
The question which was sharply litigated in this case was whether McKillop quit because of genuine and justifiable fear of serious bodily violence at the hands of the hourly men who had struck, or because of the agreement or resolution of the day men to strike at noon of the 9th of July, unless the demands of the hourly men were acceded to. There was evidence which would justify a finding either way on these propositions. Certainly, there were ample facts which would justify the conclusion that McKillop quit because he choose to abide by the resolution, or, in other words, that he was in fact…
2Cases cited9 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Allen v. McKibbinMichigan Supreme Court · 1858
- Fenton v. ClarkSupreme Court of Vermont · 1839
- Clark v. . GilbertNew York Court of Appeals · 1863
- Ryan v. DaytonSupreme Court of Connecticut · 1856
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3Cited by8 opinions
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- Handicapped Children's Education Board v. LukaszewskiWisconsin Supreme Court · 1983
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Hildebrand v. American Fine Art Co.Wisconsin Supreme Court · 1901
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