136 Wis. 515
Decided October 20, 1908
Wisconsin Supreme Court · decided 1908-10-20
Eat Stevens, Circuit Judge. Action for damages resulting from excavation by defendant on his own adjoining premises and consequent removal of lateral support for plaintiff’s ground. Trial to tbe court, and judgment for plaintiff for $100 damages and costs, from wbicb defendant appeals.
Cited by 5 later decisions — most recently January 1913
5 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1908-10-20
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¶1This cáse presents merely questions of fact as to which the evidence was, to say the least, fairly conflicting. This court ought not to be burdened, in the performance of its duty to important litigation, by the necessity of examining such questions. Counsel ought to be able to restrain clients from the bringing of such necessarily futile appeals. We discover no clear preponderance of evidence against the findings of the trial court.
¶2■By the Court. — Judgment affirmed.