Glover v. Hynes Lumber Co.
This text of 69 N.W. 62 (Glover v. Hynes Lumber Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is evident that the jury had no testimony before them from which they could determine how much of the plaintiff’s time and labor were spent in manufacturing the lumber in question. At best it could be but a mere guess. The statute gives a lien only for the labor and services performed in manufacturing the lumber. It is plainly the plaintiff’s duty to show the amount of such labor and services. Until he does so, he is in no position to demand a lien. He cannot leave it for the jury to speculate upon, without evidence. There must be a new trial.
By the Court. — Judgment reversed, and action remanded for a new trial.
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Cite This Page — Counsel Stack
69 N.W. 62, 94 Wis. 457, 1896 Wisc. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-hynes-lumber-co-wis-1896.