Theresa Village Mutual Fire Insurance Co. v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: E. Rat Stevens, Judge. This is an action to recover the amount of insurance paid by the plaintiffs to Emma Frederich, whose property is alleged to have been destroyed by fire on May 18, 1906, through the negligence of defendant. The defendant has a right of way and depot grounds which is 200 feet wide, extending through the village of Auburn-dale, the track being in the center thereof.
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Appeal from a judgment of the circuit court for Dodge county: E. Rat Stevens, Judge. This is an action to recover the amount of insurance paid by the plaintiffs to Emma Frederich, whose property is alleged to have been destroyed by fire on May 18, 1906, through the negligence of defendant. The defendant has a right of way and depot grounds which is 200 feet wide, extending through the village of Auburn-dale, the track being in the center thereof. Through the village the tracks are almost level, but west of it there is an up. grade. The depot is on the north side of the tracks, which rim in a…
1Opinion of the Court
The following opinion was filed October 25, 1910:
SiEBncKER, J.
The jury found that the fire which destroyed the wood piled on the defendant’s right of way was caused hy sparks emitted from one of the defendant’s passing ■engines. This is assailed upon the ground that the evidence wholly fails to sustain such an inference. It is argued that the evidence shows that the engines in question were without defects and were properly managed while passing through Auhurndale at the time the fire is claimed to have originated from sparks emitted therefrom. No negligence is charged as regards the proper…
2Cases cited7 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Donovan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Sims v. Mutual Fire Insurance Co. of La PrairieWisconsin Supreme Court · 1899
- Atkinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Jones v. FosterWisconsin Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cook v. Doud Sons & Co.Wisconsin Supreme Court · 1911
- Suts v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1931
- Brunner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Hicks v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1934