Reed v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County, The complaint alleg.es, in substance, that the plaintiff is the owner in fee of a tract of land consisting of seven forty-acre lots, described in the complaint, through which tract the railway of the defendant company is constructed and operated; that through the negligence of the railway company, its servants and employees, fire was communicated from its locomotives, at three several times, to dry grass and other combustible…
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APPEAL from the Circuit Court for Juneau County, The complaint alleg.es, in substance, that the plaintiff is the owner in fee of a tract of land consisting of seven forty-acre lots, described in the complaint, through which tract the railway of the defendant company is constructed and operated; that through the negligence of the railway company, its servants and employees, fire was communicated from its locomotives, at three several times, to dry grass and other combustible materials which the company had negligently suffered to accumulate and remain on its right of way, from whence the fires…
1Opinion of the CourtLyon, J.
I. The title to the lands alleged to have been injured by the negligence of the defendant company is put in issue by the pleadings. Such lands were vacant and uncultivated. On the authority of several cases heretofore adjudicated by this court, it was incumbent upon the plaint*402iff to prove his title. McNarra v. C. &. N. W. R. Co. 41 Wis. 69; Hungerford v. Redford, 29 Wis. 345. Moreover, the plaintiff claims for continuing damage by reason of the reduced productiveness of his land. Probably, on the authority of Winchester v. Stevens Point, 58 Wis. 350, it was incumbent upon him to prove his…
2Cases cited7 opinions
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- McNarra v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Jones v. EvansWisconsin Supreme Court · 1871
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Moore v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Bitof v. HoppeWisconsin Supreme Court · 1925