McNarra v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Juneau County. Action to recover damages for tbe destruction of tbe plaintiff’s property by fire alleged to have been caused by tbe negligence of tbe defendant.
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APPEAL from tbe Circuit Court for Juneau County. Action to recover damages for tbe destruction of tbe plaintiff’s property by fire alleged to have been caused by tbe negligence of tbe defendant. The material portion of tbe complaint avers that defendant, by its agents and servants, on or about tbe 24th of August, 3873, was operating its railroad near and adjoining tbe plaintiff’s close; that defendant negligently permitted weeds, grass, stubble and refuse matter of various kinds, that were inflammable and in an inflammable condition, to be and remain upon its land and right of way, and…
1Opinion of the CourtLyoN, J.
I. The instruction which the court refused to give the jury, which was, in effect, that the plaintiff could not recover for injuries to the land because he had failed to prove title thereto, we think was properly refused. The title necessary to be proved in order to maintain the action, is the same as in an action of trespass guare clausum fregit, or in re-plevin for timber cut and removed by a trespasser from the lands of the plaintiff. In either case, if the lands upon which the trespass was committed were vacant and unoccupied, the plaintiff must prove his title thereto, or he cannot…
2Cases cited2 opinions
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Heeron v. BeckwithWisconsin Supreme Court · 1853
3Cited by21 opinions
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Field v. Apple River Log Driving Co.Wisconsin Supreme Court · 1887
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Ward v. BusackWisconsin Supreme Court · 1879
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