Kellogg v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for the destruction, by fire, of stacks of hay and straw, sheds, stable, etc., belonging to the plaintiff.
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APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for the destruction, by fire, of stacks of hay and straw, sheds, stable, etc., belonging to the plaintiff. The fire was communicated by sparks or coals from defendant’s engine, to dry grass, weeds and willows, on its way (which extended about fifty feet on each side of its iron track); and it passed thence upon plaintiff’s- pasture and meadow land, and ran through dry stubble of grass and of grain, crossing a brook of about three feet wide, until it reached a hay-stack, and thence spread to the other…
1Opinion
*250The defendant company moved for a rehearing.
Pease & Ruger, for the motion, argued that defendant had a right to suffer willows, grass or other vegetation to grow along the roadway, if necessary to its protection or convenient use (Carson v Railway, 8 Gray, 423); that the judgment of its officers as to their necessity is conclusive, unless clearly unreasonable (Brainard v. Clapp, 10 Cush. 6); that the evidence showed clearly that such a necessity existed in this case, at the place where the fire originated, and the jury should not have been allowed to find the contrary; and that plaintiff,…
2Cases cited24 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Donnell v. JonesSupreme Court of Alabama · 1848
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Guille v. SwanNew York Supreme Court · 1822
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