Beggs v. Chicago, Wisconsin & Minnesota Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauleesha County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action to recover the value of a barn owned by the plaintiff and respondent, which he alleges was set fire to.and burned by the negligence of defendant company or its- employees. The barn was erected before the railroad company constructed its road near the same in the village of "Waukesha.
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APPEAL from the Circuit Court for Wauleesha County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action to recover the value of a barn owned by the plaintiff and respondent, which he alleges was set fire to.and burned by the negligence of defendant company or its- employees. The barn was erected before the railroad company constructed its road near the same in the village of "Waukesha. After the railroad was constructed, the barn stood about thirty feet from the center of the'railroad track, and about nineteen feet from the line…
1Opinion of the CourtTaylob, J.
After a careful reading of the evidence, we are satisfied that the learned circuit judge was right in refusing the nonsuit, and in refusing to direct a verdict for the defendant. Upon the evidence there is no other probable cause for the fire except that it originated from coals *447and cinders on the-track of the defendant. There was a strong wind blowing directly from the track towards the barn, and a streak of burned grass from the railroad track to the barn. There was also evidence tending to show that coals and cinders had been deposited on the track at the -point in question shortly before…
2Cases cited5 opinions
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1885
- Richards v. NoyesWisconsin Supreme Court · 1878
- Allard v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Brown v. CowellNew York Supreme Court · 1815
- Johannesson v. BorscheniusWisconsin Supreme Court · 1874
3Cited by7 opinions
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Waterman v. Chicago & Alton RailroadWisconsin Supreme Court · 1892
- Bergeron v. PeytonWisconsin Supreme Court · 1900
- Pure Oil Co. v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1919
- Donovan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
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