Legal Opinion

Warden v. Miller

Wisconsin Supreme Court

Decided November 5, 1901PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Dodge county: James J. DioK, Circuit Judge. The defendants were sued upon a charge that they negligently started a fire, and wrongfully and negligently suffered said fire to run and spread on certain described lands of the plaintiff, to his damage.

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Appeal from a judgment of the circuit court for Dodge county: James J. DioK, Circuit Judge. The defendants were sued upon a charge that they negligently started a fire, and wrongfully and negligently suffered said fire to run and spread on certain described lands of the plaintiff, to his damage. It appeared that on November 6, 1899, a fire was started by the defendant Imler upon a certain marsh forty occupied by the two defendants, which had not been mowed the previous year; that it was a dry time; that said fire got beyond the control of the defendants, although they had made some…

1Opinion of the CourtDodge, J.

Erom among the very numerous assignments of error alleged by appellant those which assault the correctness of the jury’s finding that the fire in question was neither negligently set nor negligently allowed to escape onto the plaintiff’s premises are most vigorously argued and most radical in reaching a conclusion upon the whole case. The assault on these findings is both upon the ground that they have no support in the evidence and that they were induced by errors of the court in giving certain instructions and in refusing certain others requested by the appellant.

It seems hardly necessary…

2Cases cited6 opinions

  1. Jung v. City of Stevens PointWisconsin Supreme Court · 1889
  2. Innes v. City of MilwaukeeWisconsin Supreme Court · 1897
  3. Dehsoy v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
  4. Collins v. City of JanesvilleWisconsin Supreme Court · 1900
  5. Kuenster v. WoodhouseWisconsin Supreme Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hamus v. WeberWisconsin Supreme Court · 1929
  2. Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
  3. Zernia v. Capitol Court Corp.Wisconsin Supreme Court · 1963
  4. Van de Bogart v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1907
  5. Lynch v. Town of WaldwickWisconsin Supreme Court · 1904

5 more not listed; retrieve them via the Exa API.

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