Austin v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown «county: S. D. HastiNgs, Je., Circuit Judge. Actio.i to recover damages alleged to have been caused to plaintiff by fire negligently set by defendant, August 3, 1893. Plaintiff’s claim was that the negligence of defendant consisted in allowing to accumulate and remain on its right of way a large amount of dry, combustible material during a very dry season, by reason of which a fire was started in such material by sparks…
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Appeal from a judgment of the circuit court for Brown «county: S. D. HastiNgs, Je., Circuit Judge. Actio.i to recover damages alleged to have been caused to plaintiff by fire negligently set by defendant, August 3, 1893. Plaintiff’s claim was that the negligence of defendant consisted in allowing to accumulate and remain on its right of way a large amount of dry, combustible material during a very dry season, by reason of which a fire was started in such material by sparks which fell from one of its locomotives, and from which such fire spread to the lands of plaintiff, causing the damage…
1Opinion of the CourtMabshall, J.
The evidence tended to show that those who had charge of the land for plaintiff, and defendant’s-servants as well, supposed, on the evening of August 3,1893, that there was no further danger to be apprehended from the fire, and that such condition had not changed by the succeeding morning. Defendant’s servants left the premises on the evening of August 3, 1893, and on the following morning the persons who had been guarding the premises, for plaintiff went blueberrying, leaving a boy of fifteen years-of age in charge. Thereafter the fire freshened up and caused the greater part of the damage…
2Cases cited2 opinions
- Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.Wisconsin Supreme Court · 1885
- Mills v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
3Cited by3 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Brunner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Pribonic v. FultonWisconsin Supreme Court · 1922