' Thomas B. & W. Mfg. Co. v. Wabash, St. L. & P. Ry. C!o., 62 Wis. 642.
CHAPTER II.
CERTAINTY.
The rule of Certainty pervades the entire field of tort and
contract. It is not peculiar to the law of damages, but is a
universal rule of evidence, which, stated as a general principle,
seems little more than a truism. It derives its great importance
in our system from the fact of the control exercised by the court
over the jury with reference to proof.
As already stated, any fact which either party desires to
establish in a court of common law is proved by evidence sub-
mitted to the jury, but only by permission of the court, under
the mles governing the admissibility of evidence; and every
decision of the court admitting or rejecting proof offered is
subject to review on exceptions taken during the trial. In ihe
same way, all the instructions given by the court to the jury as
to the force and effect of the evidence admitted are subject to
exception, and the verdict as a whole is, on appeal, examined in
the light of the evidence, to see whether it can be sustained.
