Allard v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. The following statement of the case was prepared by Mr. Justice Cassoday: September 11,1886, the plaintiffs owned a cheese factory and creamery in the city of Juneau, situated on the east side of the defendant’s track, and eighty-five and one-half feet therefrom.
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APPEAL from the County Court of Dodge County. The following statement of the case was prepared by Mr. Justice Cassoday: September 11,1886, the plaintiffs owned a cheese factory and creamery in the city of Juneau, situated on the east side of the defendant’s track, and eighty-five and one-half feet therefrom. It is alleged in the complaint that on that day the defendant ran “ a locomotive attached to a freight train of the defendant on the said line of railway, . . . so negligently and carelessly . . . that sparks from the smoke-stack of said locomotive escaped, communicated to and set fire to…
1Opinion of the CourtCassoday, J.
The freight train in question reached Juneau from the south, September 11, 1886, about 10.45 a. m., and left on its way north about 11 a. m. During the time it remained at that station the engine was engaged in switching. The wind at the time was blowing very strong from the west, or, rather, a little south of west. The buildings burned were situated about eighty-five feet east of the track. The machinery in the buildings was propelled by steam, but Vas stopped and the fire allowed to die down about 10 o’clock, or soon after, that morning. On leaving the building, a little before 12 o’clock,…
2Cases cited1 opinion
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
3Cited by5 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Evansville & Terre Haute Railroad v. KeithIndiana Court of Appeals · 1893
- Chicago, St. P., M. & O. Ry. Co. v. GilbertCourt of Appeals for the Eighth Circuit · 1892
- Beggs v. Chicago, Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1890