Wisconsin Supreme Court, 1896

Glover v. Hynes Lumber Co.

Glover v. Hynes Lumber Co.
Wisconsin Supreme Court · Decided November 24, 1896 · Winslow
94 Wis. 457; 69 N.W. 62; 1896 Wisc. LEXIS 176

Glover v. Hynes Lumber Co.

Opinion of the Court

WiNslow, J.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.