Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal'from a judgment of the circuit court for Dane -county: R. G-. SiebeokeR, Circuit Judge. Action to recover damages for the destruction by fire of 'plaintiff’s warehouse and store building attached thereto, which occurred on the 22d day of July, 1893, alleged to have been caused by negligence of defendant’s employees.
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Appeal'from a judgment of the circuit court for Dane -county: R. G-. SiebeokeR, Circuit Judge. Action to recover damages for the destruction by fire of 'plaintiff’s warehouse and store building attached thereto, which occurred on the 22d day of July, 1893, alleged to have been caused by negligence of defendant’s employees. The warehouse was forty feet long by thirty feet wide, located north of one of defendant’s side tracks at Spring 'Green, Wisconsin, and nearly parallel with such track. The southwest corner was about seven feet, and the southeast -corner about fourteen feet, from the center…
1Opinion of the CourtMarshall, J.
If there is anything in this case to warrant the inference that the destruction of plaintiff’s property was caused by fire which proceeded from defendant’s locomotive, it consists of evidence tending to show that sparks in unusual quantities and of unusual size, on the occasion in question, were projected from the smokestack to the height of from twenty to forty feet, and then carried by a light wind in the direction of the warehouse, some of them settling upon the roof, and others passing over the structure, and the fire in the building that manifested itself about one hour and a half…
2Cases cited13 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Ward v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Coca Cola Bottling Co. Of Black Hills v. HubbardCourt of Appeals for the Eighth Circuit · 1953
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Thoe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
23 more not listed; retrieve them via the Exa API.