Brown v. Brooks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover the value of hay and grass destroyed by fire. A sufficient statement of the facts is' as follows: Ho-ricon marsh covers an area of about fifteen miles in' .length by three miles in width, in Dodge county, and is used only for the raising of hay. The season of 1891 being dry, a number of farmers in the vicinity leased portions of the marsh for the purpose of cutting the hay thereon.
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APPEAL from the Circuit Court for Fond du Lao County. Action to recover the value of hay and grass destroyed by fire. A sufficient statement of the facts is' as follows: Ho-ricon marsh covers an area of about fifteen miles in' .length by three miles in width, in Dodge county, and is used only for the raising of hay. The season of 1891 being dry, a number of farmers in the vicinity leased portions of the marsh for the purpose of cutting the hay thereon. The plaintiff leased something over sixty acres for this purpose, and cut the hay and stacked it thereon to the amount of about forty tons.…
1Opinion of the CourtWiNsnow, J.
We are satisfied that the motion for a nonsuit.was properly overruled. Careful perusal of the evidence leads us to agree with the circuit judge in his con-*295elusion that there was sufficient evidence to go to the jury on the questions of the alleged negligence of the defendants in starting and handling the Odekvrk fire, and whether it was the OdeMrk fire which destroyed plaintiff’s hay, as well as on the question whether the burning was a joint undertaking, so as to render Brooks liable for the acts of the others, though not personally assisting at the Odekirk fire. It was not of itself an…
2Cases cited4 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Fahn v. ReichartWisconsin Supreme Court · 1859
- Mills v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
3Cited by5 opinions
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- Schmitt v. WeilIndiana Court of Appeals · 1910
- Allen v. BainbridgeMichigan Supreme Court · 1906
- Sorenson v. SwitzerNorth Dakota Supreme Court · 1917
- Morton v. LatimerDistrict Court, Virgin Islands · 1925