James Ward Rector

The case involved a defendant charged under a Wisconsin statute with resisting a deputy sheriff by throwing a stone while the officer was escorting a car out of the Allis-Chalmers plant during a strike to prevent it from being tipped over by picketers. The trial court convicted the defendant after a jury trial, and the Wisconsin Supreme Court affirmed the judgment. The court held that the evidence established the officer was engaged in a lawful duty, the act of throwing the stone qualified as resistance, and any variance between the complaint's specific allegation and the proof presented was not prejudicial because all elements of the offense were supported regardless of the officer's precise purpose.

criminal law

This case arose from a fatal car accident in which the deceased, a passenger in his own vehicle driven by his son Kenneth, collided with an oncoming car while Kenneth attempted to pass another vehicle on a hill. The plaintiff, suing under a wrongful death statute, sought recovery from the deceased's insurer, and the dispute centered on whether Kenneth's testimony about the deceased's failure to protest the driving was barred by a statute (sec. 325.16) prohibiting certain communications with a deceased person. The trial court granted a new trial after concluding the testimony was incompetent and should have been excluded. The appellate court held that the statute did not apply because the plaintiff did not derive her cause of action from the deceased, making Kenneth's testimony admissible, but affirmed the new trial order in the interests of justice to allow further exploration of facts regarding the deceased's opportunity to protest and assumption of risk as a guest passenger. The court also noted the jury's finding that Kenneth was not acting as the deceased's agent.

torts & liabilityprocedure

This case concerned a breach of promise to marry action brought by the plaintiff against the defendant, who admitted the engagement but defended on grounds including mutual rescission. The trial court dismissed the case at the close of the plaintiff's evidence, concluding that the marriage agreement was void because illicit cohabitation formed part of its consideration. The appellate court reversed the judgment and remanded for a new trial, reasoning that the record contained no evidence linking continuation of the unlawful relationship to the marriage promise itself and that any offer of rescission had not been accepted within a reasonable time based on the evidence presented.

family law

This case concerned claims by employees for unpaid wages allegedly earned while working for an old manufacturing company after its 1932 asset transfer to a newly formed company. The Wisconsin Supreme Court affirmed the trial court's judgment against the employee plaintiffs, holding that they had no valid claims against the old company or its stockholders. The court reasoned that the transfer agreement was fully consummated, the new company operated the business in its own name and employed the workers, and the old company transacted no further business or incurred any wage liability during the relevant period. The court also found the transaction was not designed to defraud creditors.

business & regulatorylabor & employment

In Hansen v. Hansen, a father sought custody of his two young daughters after a 1940 divorce in which all four children had been awarded to the mother by stipulation, though the two sons had since moved to live with him; he also challenged the existing support arrangement. The trial court denied the change in custody but raised support payments from $40 to $100 per month, directing that $60 go directly to the mother and $40 be spent under child-welfare supervision for one year, after which the worker could certify the mother to handle all funds. The appellate court affirmed the order, holding that the children's welfare controls custody decisions, that a fit mother is ordinarily preferred for young daughters, and that the record contained substantial evidence supporting the trial court's finding that the mother was fit and that its resolution was not clearly erroneous.

family law

The case involved a workers' compensation claim by employee Daniels against Globe Steel Tubes Co. following a work-related leg fracture in 1943. Daniels later fell at home while cooking and sought benefits on the theory that weakness from the prior injury caused the fall. The Industrial Commission denied the claim, finding insufficient proof of causation. The court affirmed, holding that the evidence, including medical testimony, did not credibly establish a connection between the two incidents and that any such link remained speculative without supporting expert evidence.

labor & employment