Nass v. Schulz
Wisconsin Supreme Court
A-pireat, from a judgment of the circuit court for Lincoln county: W. 0. SilveRthobn, Circuit Judge. Action to recover compensation for loss alleged to have been caused to plaintiff by negligence of the defendant in starting a fire on his premises and permitting the same to spread to the premises of the plaintiff.
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A-pireat, from a judgment of the circuit court for Lincoln county: W. 0. SilveRthobn, Circuit Judge. Action to recover compensation for loss alleged to have been caused to plaintiff by negligence of the defendant in starting a fire on his premises and permitting the same to spread to the premises of the plaintiff. Whether defendant was guilty of want of ordinary care in starting the fire or in faffing to prevent its spread to the plaintiff’s premises, were the chief questions in controversy. The subject was submitted to the jury for determination on the evidence, under instructions regarding…
1Opinion of the CourtMarshall, J.
Can error be successfully assigned on exceptions to' instructions if the evidence in the case be not preserved and made a part of the record by a bill of exceptions ? That question is met with at the threshold of our consideration of this appeal. To sustain the negative of the proposition it is suggested by respondent’s counsel that error is always presumed against in appellate administration, and error must be made to affirmatively and clearly appear, and that it at least may, reasonably, have influenced the final result, or be deemed harmless and the judgment be sustained. Such is the law…
2Cases cited15 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Bloor v. Town of DelafieldWisconsin Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Grimm v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
- Gould v. Merrill Railway & Lighting Co.Wisconsin Supreme Court · 1909
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Pumorlo v. City of MerrillWisconsin Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.