Hayes v. City of Oshkosh
Wisconsin Supreme Court
■ APPEAL from the Circuit Court for Winnebago County. A stock of goods belonging to the plaintiff in the city of Oshkosh was damaged in consequence of the burning of the building in which they were contained, and in consequence of the throwing of water upon said building to extinguish the flames.
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■ APPEAL from the Circuit Court for Winnebago County. A stock of goods belonging to the plaintiff in the city of Oshkosh was damaged in consequence of the burning of the building in which they were contained, and in consequence of the throwing of water upon said building to extinguish the flames. At the time said building took fire, two steam fire engines belonging to the city were located near it, and firemen were operating them to extinguish a fire then burning in the barn of one Nelson Grill, in that neighborhood. The complaint alleges that the city was then in the possession and control…
1Opinion of the CourtDixon, C. J.
The question presented in this case is settled by authority as fully and conclusively as any of a judicial nature can ever be said to havé been. The precise question may not have been heretofore decided by this court, but a very similar one has, and the governing principle recognized and affirmed. Kelley v. Milwaukee, 18 Wis., 83. Neither the charter of the city of Oshkosh, nor the general statutes of this state, contain any peculiar provision imposing liability in cases of this kind; and the decisions elsewhere are numerous and uniform, that no such liability exists on the part of the city.…
2Cases cited2 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
3Cited by85 opinions
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Lodl v. Progressive Northern InsuranceWisconsin Supreme Court · 2002
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
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