Gibbons v. Wisconsin Valley Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. Action to recover damages for the destruction by fire of a quantity of lumber belonging to the plaintiff, and which had been piled at or near one of the stations on the defendant’s railroad.
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APPEAL from the Circuit Court for Wood County. Action to recover damages for the destruction by fire of a quantity of lumber belonging to the plaintiff, and which had been piled at or near one of the stations on the defendant’s railroad. The complaint alleges that by reason of the negligent and unskilful management of a locomotive on one of the trains of the defendant company, and the fact that the same was not provided with a suitable and safe fire-box, ash-pan, and spark-arrester, sparks from the smoke-stack, or coals from the ash-pan or fire-box escaped, and that fire was thereby…
1Opinion of the CourtOrton, J.
The evidence tended to show that if the fire was set by the appellant’s locomotive, it was by the one in the freight train which passed the station, near which the respondent’s lumber was piled, at 10:15 o’clock in the forenoon, or by the one in the passenger train which passed the same place at 11:50 thereafter. The fire was discovered ¡soon after the passenger train passed that point, and there was no evidence whatever that this particular fire was set by any other engine on the road. The circuit court admitted evidence, against the objection of the appellant, of fires in the vicinity on…
2Cases cited17 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
26 more not listed; retrieve them via the Exa API.