Chapman v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by Chapman and Danforth against the Chicago and Northwestern Railway Company, Barron and Campbell, to recover damages for lumber belonging to the plaintiffs destroyed by fire, which is alleged to have originated from sparks or coals from defendants’ locomotive upon the track of the Oshkosh City Railway, in consequence of the negligent management of such locomotive by the defendants’ servants.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action by Chapman and Danforth against the Chicago and Northwestern Railway Company, Barron and Campbell, to recover damages for lumber belonging to the plaintiffs destroyed by fire, which is alleged to have originated from sparks or coals from defendants’ locomotive upon the track of the Oshkosh City Railway, in consequence of the negligent management of such locomotive by the defendants’ servants. The Chicago and Northwestern Railway Company answered separately; first, by a general denial; and secondly, by alleging that they had nothing to…
1Opinion of the CourtDixon, C. J.
The admissions of the defendant Campbell, made by him to the plaintiff Danforth, and, testified to by the latter as a witness upon the stand, were not erroneously received in evidence. It is true, that they were evidence of very little weight. They were hypothetical, made on the supposition that the information he received from Danforth was correct with regard to the origin or cause of the fire. If that information was correct, then he admitted the fact of negligence, and that the railroad company was liable. It is to be presumed that the jury, who knew all the facts, would take the…
2Cases cited5 opinions
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Millett v. HayfordWisconsin Supreme Court · 1853
- Redman v. GulnacCalifornia Supreme Court · 1855
- Shaddock v. Town of CliftonWisconsin Supreme Court · 1867
- Ball v. CarleyIndiana Supreme Court · 1853
3Cited by33 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- New York, Chicago & St. Louis Railway Co. v. RoperIndiana Supreme Court · 1911
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
28 more not listed; retrieve them via the Exa API.