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
On a motion for a rehearing, John W. Cary, for the appellant, insisted that the testimony of Burmeister, improperly admitted, had been strongly relied upon by plaintiffs’ attorneys in their argument to the jury, was well adapted to influence the jury unfavorably for defendant, and did in fact so influence them; and that whenever improper evidence has been admitted, and the jury were not afterwards directed to disregard it, the presumption is that they were influenced by it, if they have found for the party introducing it. Castleman v. Griffin, 13 Wis., 535; Remington v. Bailey, id., 333;…
2Cases cited3 opinions
- Robbins v. HarveySupreme Court of Connecticut · 1824
- Castleman v. GriffinWisconsin Supreme Court · 1861
- Manny v. GlendinningWisconsin Supreme Court · 1861