Legal Opinion

Jackson v. Wisconsin Telephone Co.

Wisconsin Supreme Court

Decided October 2, 1894PublishedCited by 24 opinions

APPEAL from the Circuit Court for Ohippewa County. This action is brought to recover damages for a barn and its contents, burned, as plaintiff claims, by reason of defendant’s negligence. Near the city of Eau Claire there is a plateau about eighty feet above the level of the surrounding country.

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APPEAL from the Circuit Court for Ohippewa County. This action is brought to recover damages for a barn and its contents, burned, as plaintiff claims, by reason of defendant’s negligence. Near the city of Eau Claire there is a plateau about eighty feet above the level of the surrounding country. In August, 1889, two large frame buildings, about 325 feet distant from each other, stood upon this plateau, one being a county fair building known as Floral Hall, and the other being the barn of the plaintiff. These buildings were about the same height, and upon the top or ridge of each there stood •…

1Opinion of the CourtWinslow, J.

It was strenuously and. ably argued by tbe appellant’s counsel that/tbe evidence did not show that the negligent act of defendant was tbe proximate cause of the burning of plaintiff’s barn.' Tbe rule is well settled in this state that, in order to render a negligent act tbe proximate cause of an injury, it must appear “ that tbe injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.” Atkinson v. Goodrich Transp. Co. 60 Wis. 141, 156; Marvin v. C., M. & St. P. R. Co. 79 Wis. 140.…

2Cases cited4 opinions

  1. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  2. Borchardt v. Wausau Boom Co.Wisconsin Supreme Court · 1882
  3. Barton v. Pepin County Agricultural SocietyWisconsin Supreme Court · 1892
  4. Marvin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891

3Cited by24 opinions

  1. Griffith v. Cole Bros.Supreme Court of Iowa · 1917
  2. Ransome v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1979
  3. Matter of Madura v. . City of New YorkNew York Court of Appeals · 1924
  4. Brown v. West Riverside Coal Co.Supreme Court of Iowa · 1909
  5. United States Fidelity & Guaranty Co. v. RochesterCourt of Appeals of Texas · 1926

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