Atwood v. Chicago, Milwaukee & St. Paul Railway Co.

Appellee, G-eorge Atwood, began suit in the circuit court of Winnebago county against the appellant, Chicago, Milwaukee and St. Paul Railway Company, to recover damages for the loss by fire of a grain elevator and contents belonging to the appellee. There was a trial by jury, verdict for the appellee for $4,500 and this appeal was prosecuted to review the judgment entered upon the verdict.

The right of way of the appellant was about 100 feet wide and extended north and south. Just south of Eoscoe Siding, in Winnebago county, the right of way crossed a public highway at right angles. About 60…