O'Connor v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Juneau county: O. 33. Wymatl, Circuit Judge. They argued, among other things, that the court should have refused to allow the proposed amendment because it sets up an entirely new and independent cause of action, which is sought to be brought into this suit in 1895, so as to get the benefit of its commencement in July, 1892, and thereby escape the statute of limitations.
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Appeal from an. order of the circuit court for Juneau county: O. 33. Wymatl, Circuit Judge. They argued, among other things, that the court should have refused to allow the proposed amendment because it sets up an entirely new and independent cause of action, which is sought to be brought into this suit in 1895, so as to get the benefit of its commencement in July, 1892, and thereby escape the statute of limitations. Stevens v. Broolcs, 23 Wis. 196, 199; Tyrrill v. Lamb, 96 Pa. St. 464; Carmichael v. Arga/rd, 52 Wis. 607, 610; Geary v. Bennett, 65 id. 554, 558; National S. S. Go. v. Sheahan,…
1Opinion of the Court
Cassoday, 0. J.
This action was commenced July 26,1892. The original complaint alleged, in effect, that July 27,1886, the defendant negligently and carelessly allowed sparks and coals of fire to escape from its engine hauling a freight train, while passing near the quarter post- on the south side of sec*614tion 16, in township 18 N. of range 2 E., in Tunean county, and' set fire to the dry grass, rubbish, and combustible material which the defendant had carelessly and negligently permitted to accumulate upon its right of way, and that from thence said fire ran across the intervening country and…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Dole v. NorthropWisconsin Supreme Court · 1865
- Marvin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
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3Cited by3 opinions
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
- Union Pacific Railroad v. SweetSupreme Court of Kansas · 1908
- Bruheim v. StrattonWisconsin Supreme Court · 1911