Morrison v. Superior Water, Light & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chahles Smith, Judge. Action to recover on account of loss produced by fire alleged to bave been caused by defendant’s negligence. Plaintiff on, and for some time prior to, January 21, 1903, was a tenant on the third floor of the Keystone Block in the city of Superior, Wisconsin. On that day the block and its contents, including personal belongings of the plaintiff, were destroyed by fire.
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Appeal from a judgment of the superior court of Douglas county: Chahles Smith, Judge. Action to recover on account of loss produced by fire alleged to bave been caused by defendant’s negligence. Plaintiff on, and for some time prior to, January 21, 1903, was a tenant on the third floor of the Keystone Block in the city of Superior, Wisconsin. On that day the block and its contents, including personal belongings of the plaintiff, were destroyed by fire. At or about the time the fire started there was an explosion of great force in the basement of the building, blowing out front windows and…
1Opinion of the CourtMabshall, J.
The controversies on this appeal are in a very narrow compass. These are the only complaints:
The court erred:(1) In charging the jury that “the mere fact that a leak occurs in defendant’s pipes is not in itself evidence of neglect on its part;”(2) In further instructing that “It is its duty, however, to respond with reasonable promptness, considering the exigencies and circumstances of the case, to reports of leakages, and make repair;”(3) “The court should have instructed the jury as to the duty of the defendant in the care, management, and control of its gas.”
The first two complaints should…
2Cases cited12 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Carmody v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1895
- Hacker v. HeineyWisconsin Supreme Court · 1901
- Bartell v. StateWisconsin Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922