Brusberg v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action to recover the value of certain buildings belonging to the plaintiff, situated in the village of New London, contiguous to the railway tract of the defendant company, and of certain personal property of the plaintiff stored in such buildings, all of which were destroyed by fire in January, 1879. It is alleged in the complaint that the fire was communicated to the buildings from a passing locomotive on the defendant’s…
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APPEAL from the Circuit Court for Outagamie County. Action to recover the value of certain buildings belonging to the plaintiff, situated in the village of New London, contiguous to the railway tract of the defendant company, and of certain personal property of the plaintiff stored in such buildings, all of which were destroyed by fire in January, 1879. It is alleged in the complaint that the fire was communicated to the buildings from a passing locomotive on the defendant’s railway, which locomotive was being run by the defendant’s employees “in a reckless, negligent, careless and unlawful…
1Opinion of the CourtLyon, J.
The evidence proves conclusively that the locomotive from which the fire that consumed the plaintiff’s property is alleged to have been communicated, was in good order and repair, and was provided with all reasonable appliances to' prevent the escape of fire therefrom. The learned circuit judge so instructed the jury. The evidence also tends to prove that such locomotive was run past the plaintiff’s buildings at *233a greater rate of speed than six miles an hour, a short time before the fire was discovered, and that it had not then passed all of the traveled streets in the village of New London.…
2Cases cited1 opinion
- Martin v. Western Union RailroadWisconsin Supreme Court · 1868
3Cited by3 opinions
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Louisville & Nashville Railroad v. DaltonCourt of Appeals of Kentucky · 1897
- Norwich Ins. Society v. Oregon RailroadOregon Supreme Court · 1905