Stacy v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the burning of property through the negligence of defendant’s employees. The material facts are stated in the opinion.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the burning of property through the negligence of defendant’s employees. The material facts are stated in the opinion. There ivas a special verdict to the effect (1) that on the day of the fire the defendant’s locomotive No. 88 went upon the west side-track as far north as the plaintiffs’ tramway leading east from the mill; (2) that said locomotive was in good condition, properly constructed, and provided with all the usual appliances for the prevention of the escape of fire in use at the time of the fire; (3)…
1Opinion of the CourtCole, C. J.
This action is brought to recover the amount claimed to be due the plaintiffs by reason of the burning of certain property through the alleged negligence of the defendant company. Some of the property destroyed was a general stock of merchandise such as is usually kept in country stores, consisting of a large number of items, and quite a number of other kinds of property. The defendant claimed that the trial of the issues would involve the examination of a long account; and moved that the cause be referred to a referee to hear and decide the same. The court below held that the action could…
2Cases cited2 opinions
- Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
- Norton v. RookerWisconsin Supreme Court · 1842
3Cited by4 opinions
- State ex rel. Hustisford Light, Power & Manufacturing Co. v. GrimmWisconsin Supreme Court · 1932
- Perkins v. StateWisconsin Supreme Court · 1891
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
- Smiley v. National Fire InsuranceSouth Dakota Supreme Court · 1960