Marvin v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The case is fully stated, iu the opiniou. contended, among other things, that the complaint did not set out the material circumstances of the fire with sufficient particularity to render evidence thereof admissible, citing Milw. <& St. P. Ii.
Read the full summary
APPEAL from the Circuit Court for Juneau County. The case is fully stated, iu the opiniou. contended, among other things, that the complaint did not set out the material circumstances of the fire with sufficient particularity to render evidence thereof admissible, citing Milw. <& St. P. Ii. Go. v. Kellogg, 94 U. S. 256; Atkinson, argued, among other things, that the demurrer being ore tenus, the complaint must be liberally construed; that it does set out the material facts with sufficient particularity, and the defendant was not taken by surprise. Fliwn v. S. F. <& S. J. R. Go. 6 Am. Rep.…
1Opinion of the CourtCole, C. J.
The complaint charges that’the defendant was negligent in using for operating its freight train an old, defective engine, which scattered sparks and coals on its right of way, and that this engine was carelessly managed. There was no evidence offered to support these allegations, and they were practically abandoned on the trial. The particular act of negligence relied on is that the company allowed dry grass, rubbish, and other combustible material to accumulate on its right of way, in which a fire originated from a spark which escaped from this engine near mile-post No. 19, and then passed…
2Cases cited2 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
3Cited by12 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Jackson v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1894
- Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.