Caswell v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for the destruction of plaintiffs’ barn, by fire, alleged to have been caused by sparks from a locomotive on defendant’s road, by reason of the improper and negligent construction and management of such locomotive, to plaintiff’s damage -$1,200. The plaintiffs were the widow and the children and heirs-at-law of Robert K'. Caswell, who owned the premises at the time of his death, in December, 1870; and Mrs. Caswell…
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APPEAL from the County Court of Milwaukee County. Action for the destruction of plaintiffs’ barn, by fire, alleged to have been caused by sparks from a locomotive on defendant’s road, by reason of the improper and negligent construction and management of such locomotive, to plaintiff’s damage -$1,200. The plaintiffs were the widow and the children and heirs-at-law of Robert K'. Caswell, who owned the premises at the time of his death, in December, 1870; and Mrs. Caswell resided upon the land on which the barn was situate, the same having been assigned to her for her dower. Defendant acquired…
1Opinion of the CourtCole, J.
The county court gave all the instructions asked on behalf of the defendant company, and submitted to the jury certain questions in the nature of a special verdict. The jury found generally for the plaintiffs; specially negatived contributory negligence on their part; and found that the company was guilty of negligence “ by not using proper precaution, in the handling of the engine, to prevent the extraordinary escape of sparks in passing the barn.” An objection is taken to this finding, that it is defective as stating a mere conclusion of law. It is said that it should point out the specific…
2Cases cited1 opinion
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
3Cited by7 opinions
- Louisville, New Albany & Chicago Railway Co. v. KrinningIndiana Supreme Court · 1882
- Wyatt v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1911
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
- Louisville, New Albany & Chicago Railway Co. v. StevensIndiana Supreme Court · 1882
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