Ward v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Dane County Circuit Court. Action to recover tbe value of a warehouse and its contents, which had been destroyed by a fire alleged to have occurred through the negligence of the defendant. The plaintiffs were the owners of a warehouse standing upon the depot grounds of the defendant, at Helena, in the county of Iowa, adjoining to and south of the side tract of the railroad, which is south of the main track.
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APPEAL from tbe Dane County Circuit Court. Action to recover tbe value of a warehouse and its contents, which had been destroyed by a fire alleged to have occurred through the negligence of the defendant. The plaintiffs were the owners of a warehouse standing upon the depot grounds of the defendant, at Helena, in the county of Iowa, adjoining to and south of the side tract of the railroad, which is south of the main track. The warehouse was a wooden building; on stone abutments, and stood with its north end towards the track, its platform reaching within 8 1-2 or 4 feet of the track. A…
1Opinion of the CourtDixoN, C. J.
The court erred in refusing tbe second instruction asked by tbe plaintiffs. Tbe idea in tbe mind of tbe court evidently was, tbat tbe plaintiffs were bound to exercise extraordinary care, or use tbe highest degree of diligence, or they could not recover — tbat slight negligence on tbeir part would defeat tbe action. This appears from tbe language of tbe instruction wbicb immediately followed, and is given as second, and is set forth in tbe reporter’s statement of tbe case.
Tbe rule of law is, not tbat slight negligence on tbe part of tbe plaintiff will prevent a recovery in such cases, but it…
2Cases cited2 opinions
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Akerly v. VilasWisconsin Supreme Court · 1867
3Cited by20 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
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