The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1854-11-25

- Mlk.
The scenes in some of our western courts af.
ford frequently abundant amusement, and often
find their way into the public prints. a char
acteristic case occurred not long since in q
county court in Wisconsin. Judge w. was
man Of great humor, strong common sense, a
little excitable, and when aroused, expressed
his opinion, or gave decision, as he only could
do it, He was q man after his own kind, and
cared little for form or precedent. ,f.-<,
The case before him was this:
A suit had been commenced before Justice
of the peace, by one man against another. "FOr
" without leave of the plaintiff, MIXED the
plaintiffs COW, and took from her large GUAM
tity of milk, to wit: about four quarts, to the
damage of plaintiff of fifty dollars" &c. Both
parties put themselves upon the county,
ant, in mitigatian Of damages, proved that milk
was worth only four cents per quart. The
case, as usual, took whole day and crowded
hard upon the night, but it was finally submit
ted, and the jury, after retiring and deliberat-
lug, returned into court with a verdict for the
plaintiff of ten dollars damages, for which sum,
together with costs, the justice rendered judy
ment. The defendant, dissatisfied with the eX-
cessive damages, took the ease up to the coun-
ty court, where it was passed Oh by Judge w.
The case was called in its order, and ably ar
gued by learned counsel for two long hours. -
Judge w. grew rn,asy and fagety, and finally
interrupted the plaintiff counsel by the infor-
nation that he was ready to give his decision.
This, of course closed all further argument, and
the decision was rendered.
By THE CoyRr
This =, N
small case, but, l think, involves a great prin-
ciple. The plaintiff sued the defendant for a
great wrong done in milking his COW and car
rying off the milk. There is no dispute about
the facts, but the defendant claims to reverse
the Judgment below, on the ground of excess
i've damages; that it was proved there were
about four quarts of milk, and worth only four
cents quart. / shan't reverse the judgment
in this case. But L dos't think the statute
does. / think the Legislature was pack of
fools to make the restriction, but l can't rene
dy that. We must make the best ne can out
Of this statute, until our Legislature passes an
act to increase its own capacity. The plain
tiff says this is his only cow, and that he is a
poer nan. If he is poor man, of course he has
a great many children, and he wants all the
milk he can get for his family. / look upon it
as great outrage, and no better than stealing
to have taken this milk. The plea of the de-
sendant that the Judgment should be reversed
because the damages arc excessive, is humbug
The price Of common mi such as we buy for
our tea and coffee, Of these milk pcdlers, prob
ably isn't worth over four cents quart. It's
as blue as milestone. But such milk as the
Deft, probably got in this case, right fresh from
the cow, and no water near, was worth good
deal more, particularly if she was Durham.
Court.~"liow was that, Plaintiff, was she
Durham ~ ,.s.. ...-......
Plaintiff.-"She was, your Honor? ?"
Court-"Just as expected. Now want
it understood that you can't fool me or milk,
and if this Eeft, OF any other man expects to
get good fresh milk-Durham cows milk-out
of this Court at four cents quart, he's suck
cd, that's all The Judgment below is affirmed
with costs. The Court will take q recess for
ten minutes"