Volume 182 — Wisconsin Reports

Fritz, Circuit Judge. This is an appeal from a judgment in favor of the defendants in a personal injury action. The injury occurred at a railroad crossing which is substantially described in Schuenemann v. Director General of Railroads, 177 Wis. 218, 187 N. W. 983.

Oscar M. Fritz, Circuit Judge. The appeal is from a judgment dismissing the plaintiff’s complaint. This appeal requires the construction of secs. 74.73 and 62.25 (1) (a), Stats. 1921, which are as follows: “74.73 ■ Recovery of illegal taxes; limitation.

T. Fairchild, Circuit Judge. Action begun in the civil court of Milwaukee county to recover for carpenter work and material furnished in the repair of part of No. 174 Second street, Milwaukee. The defendant had a sixty-year lease o'f the above premises and claimed the premises repaired were in the possession of one Mike Adams as its lessee and hence it was not liable. The plaintiff claimed Adams was in possession under a contract of hiring.

T. Fairchild, Circuit Judge. This case was once before this court and is reported in 177 Wis. 603, 187 N. W. 976, 1023. This court reversed the judgment of the trial court and directed that an accounting be had so as to restore the parties as near as may be to the status preceding the commencement of the action. Pending the final accounting the plaintiff was in possession of the real property and collected all .of the rents and income therefrom.

Mandamus. In his petition relator alleges that he is and was a stockholder in the Plankinton Arcade Company, a corporation organized and existing under the laws of the state of Wisconsin, and that the individual defendants are officers thereof. “That, as this petitioner is informed and verily believes, heretofore, to wit, on the 18th day of October, 1922, this petitioner, through his duly authorized agents, Reilly, Pen-ner & Benton, certified public accountants, made a…

Relator alleges in his petition that at all the times therein mentioned he was a stockholder and director in the Plankinton Arcade Company, a corporation organized and existing under the laws of the state of Wisconsin; that the individual defendants are officers and directors thereof; that on the 14th day of November, 1922, he made a demand upon various officers of the corporation for an inspection of the books and accounts of said corporation in order that he might properly…

<p>Appeal from an order of the circuit court for Milwaukee county. Oscar M. Fritz, Circuit Judge.</p>

Gehrz, Circuit Judge. The appeal is from a judgment in favor of the plaintiff in a personal injury action. The defendant is engaged in the automobile business at Milwaukee, and in the year 1921 employed one Parris as a car washer and a general handy-man.

E. T. Fairchild, Circuit Judge. The appeal is from an order reversing the judgment of the civil court of Milwaukee county in favor of the defendant, and ordering a new trial in the circuit court.

E. Smalley, Judge. Action to recover damages for personal injuries sustained by plaintiff in a collision with an automobile driven by the defendant Sovic. The defendant Tobin-Sutton Company was made a defendant on the theory that Sovic was in its employ at the time of the collision.

This action was begun to recover damages alleged to have grown out of a real-estate transaction between the plaintiff and defendant. The case being at issue, plaintiff sought to examine Fred W. Ellsworth, one of the vice-presidents of the defendant company, who was at the time in the city of Milwaukee in attendance upon a national convention of the associated advertising clubs of the world, held in Milwaukee the week beginning June 11, 1922.

<p>Appeal from two orders of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge.</p>

Werner, Judge. The appeal is from a judgment dismissing the complaint of the plaintiff on the merits, together, with costs in favor of the defendant. The case was tried before a jury and a special verdict submitted. The jury disagreed and were discharged, whereupon the court granted the motion of the defendant to dismiss the case upon the merits, and the plaintiff appealed.

T. Fairci-iild, Circuit Judge. The entire facts in this case are set out in Crossett v. Goelzer, 177 Wis. 455, 188 N. W. 627, a companion case, to which reference is made in this case. The jury returned the following verdict: “(1) Did the defendant Elton P. Goelzer fail to exercise ordinary care in the operation and management of his automobile at the time and place in question?

Milwaukee county: Gustave G. Gehrz, Circuit Judge. Replevin. The action was brought by the trustee of the bankrupt estate of defendant Werner Stein to recover three trucks and a touring car alleged to have been transferred by the bankrupt in fraud of creditors. At the trial claim was abandoned as to the touring car and one truck. The trial court ruled in favor of defendant Mrs. Schattschneider as to one truck.

Fritz, Circuit Judge. The appeal is from a judgment dismissing the plaintiff’s complaint. Action for an injunction to prevent the defendant from using a certain trade-ma.rk claimed by the plaintiff. The case was tried before the court, which made findings of fact and conclusions of law, and thereupon entered judgment dismissing the plaintiff’s complaint. The plaintiff appeals.

This action was begun in the civil court of Milwaukee county, the plaintiff, an Illinois corporation, alleging a balance due it of $344.62 for. merchandise sold defendant between August, 1918, and May, 1920.

H. Reid, Circuit Judge. Sigwald Arneberg was instantly killed while occupying a caboose used as a passenger coach which was attached to the end of a logging train. His death occurred through the collision of the caboose with three loaded flat cars which had escaped from a siding or passing track and coasted down a steep grade. The collision occurred at a logging station called Dun-field, on the line of the defendant railroad company.

Fowler, Circuit Judge. Action to recover for injuries sustained as the result of the explosion of the gasoline container of a portable gasoline stove.

Action begun in the circuit court tO' construe the will of Jackson Tharp, deceased, who died leaving a will containing among others the following provision: “I give, devise, and bequeath all of my property, real, personal, or mixed, of whatever kind and wherever situated, to J. M. Smith of Shell Lake, Wisconsin, as trustee and in trust for the following express purposes, to wit: . . .

B. Belden, Circuit Judge. Quo ivarranto. The relator and defendant were opposing candidates for the office of district attorney of Kenosha county at the 1922 general election. The original canvass of the votes gave relator, Frank S. Symmonds, a majority of twenty-one. A recount demanded by defendant, Morris Barnett, under the provisions of' sec. 6.66, Stats., gave Barnétt a majority of two votes.

This action was begun to recover damages to the real estate and personal property of the plaintiff company, alleged to have been caused by an obstruction in a culvert erected and maintained by the defendant city. The record in the case is a very long one, the printed case containing over 425 pages.

Fritz, Circuit Judge. Mandamus to compel the issuance of a building permit. The relator is in the wholesale and retail milk and dairy products business in the city of Milwaukee. In September, 1919, he purchased a lot and erected thereon a building which he is using as a dairy and milk pasteurizing plant.