Whitney v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The case is thus stated by Mr. Justice Cassoday: “ This case was here upon a former appeal. 46 Wis., 138. The plaintiff owned seven or eight hundred thousand feet of lumber, in piles, situated near the planing mill of one E. M. Copp.
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APPEAL from the Circuit Court for Portage County. The case is thus stated by Mr. Justice Cassoday: “ This case was here upon a former appeal. 46 Wis., 138. The plaintiff owned seven or eight hundred thousand feet of lumber, in piles, situated near the planing mill of one E. M. Copp. The defendant was the owner and in the use and occupation of a steam shingle mill, run and operated by the defendant by means of steam generated by fire,— the fire, boilers, engine, and smoke-stack being located in and upon said steam mill. This mill was about 300 feet from Copp’s. It is claimed by the plaintiff…
1Opinion of the CourtCassoday, J.
The court having, among other things, charged the jury, in effect, that it was competent for them to find, from the facts .and circumstances proven, that the plaintiff’s lumber was burned by fire from the defendant’s mill, if they were convinced that such was the cause, even if there was no proof that the sparks were seen to come and alight and kindle on the property burned, further charged the jury as follows: “ But if, after hearing all the proof upon the question, you are still in doubt where the cause came from, then the defendant should not be charged with the amount or damages of the…
2Cases cited5 opinions
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Wright v. HardyWisconsin Supreme Court · 1867
- Washington Union Insurance v. WilsonWisconsin Supreme Court · 1859
3Cited by13 opinions
- Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Poertner v. PoertnerWisconsin Supreme Court · 1886
- Pelitier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
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