109 Wis. 165 | Wis. | 1901
The respondent directs our attention to the fact that the judge’s charge is not contained in the bill of exceptions. This is important, as many of the assignments of error #are based upon alleged mistakes of law contained therein. Turning to the bill we find the only reference to the charge to be in the following words: “The judge having thereupon given the charge to the jury, which charge is a part of the record herein, defendant excepted to a portion of said charge in manner and form as follows.” Then fol
If it is desired that this court shall review the judge’s charge, the necessity of putting it in the bill of exceptions and making it a part of the record, or referring to it in such a manner as that it may be fully identified, is too manifest to require discussion. Detached portions preserved in exceptions are wholly inadequate. It often requires an inspection of the entire charge to determine whether a detached section is or is not erroneous. The better practice in such cases is to include the entire charge in the bill of exceptions, and then put it in the case, with the excepted portions either in brackets or italicised, so that the court, at a glance, can see the criticised portions in connection with their surroundings.
The respondent also insists that we cannot review the evidence because the bill of exceptions is .not certified to contain all the evidence given on the trial. The certificate is substantially, in form, in accordance with the requirements of sec. 2873, Stats. 1898, and must be held sufficient. We are therefore at liberty to consider such rulings of the trial court as are not dependent upon alleged errors in the charge.
The query arises as to his duties in the premises regarding the disposition and storage of the goods after removal. It must be conceded that, under the commands of the writ, it was his duty to remove the tenant and her belongings from the building, so as to give the owner complete dominion over it and to restore him to possession. In the performance of those duties, if the tenant failed to- take the goods as they were removed, it was his duty, at most, to use ordinary care for their protection; that is to say, he could not put them in the street so as to blockade or obstruct it. ITe could not place them upon another’s property without permission, and thereby become a trespasser. He might do as was done in this case, — • obtain permission to put them in a storage warehouse. If he exercised reasonable care in the selection of a place to store them, and in the removal thereto, his full duty was performed. When, after the removal, he
The jury found that the constable and his assistants acted in a wanton and malicious manner, “ thereby causing injury
By the Court.— The judgment of the superior court of Milwaukee county is reversed, and the case is remanded for a new trial.