Atwood v. Chicago, Milwaukee & St. Paul Railway Co.

The Chicago, Milwaukee and St. Paul Railway Company appealed from a judgment of the circuit court of Winnebago county in favor of George Atwood, and upon the affirmance of the judgment petitioned for a writ of certiorari, which was allowed.

The action was for the destruction of a grain elevator belonging to the plaintiff by fire caused by the negligence of the defendant. Besides the general issue the defendant filed a special plea relying upon a written lease dated December 27, 1906, whereby the defendant demised to J. B. Atwood, his heirs, assigns and legal representatives, for elevator…