Cook v. Doud Sons & Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marathón county: Jakes O’Neill, Judge. This action was brought to recover damages for the destruction of plaintiff Goolcs barn and other property by fire, alleged to have been caused by the emission of sparks from a traction engine while being operated by defendant on the highway near plaintiff’s premises. [The other plaintiff is a fife insurance company which had paid $626.65 to plaintiff Gooh in settlement of his claim…
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Appeal from a judgment of tbe circuit court for Marathón county: Jakes O’Neill, Judge. This action was brought to recover damages for the destruction of plaintiff Goolcs barn and other property by fire, alleged to have been caused by the emission of sparks from a traction engine while being operated by defendant on the highway near plaintiff’s premises. [The other plaintiff is a fife insurance company which had paid $626.65 to plaintiff Gooh in settlement of his claim against it for the loss.] At the close of plaintiffs’ case motion for nonsuit was denied, and at the close of all the evidence…
1Opinion of the CourtKebwiN, J.
It is argued that the plaintiffs failed to make out a case against the defendant and therefore judgment should have been ordered for the defendant. It is strenuously insisted by the learned counsel for appellant that there is a fatal variance between the allegations of the complaint and the evidence adduced; and further that the evidence is not sufficient to support the findings of the jury.
The complaint charges that on the 27th of August, 1909, the defendant caused to be run on the highway by the premises in question a load of cars drawn by a traction engine which did not have upon it any…
2Cases cited14 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Chicago & Alton Railroad v. QuaintanceIllinois Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Delmore v. PolinskySupreme Court of Connecticut · 1945
- Brown v. Appleton Masonic Temple Asso.Wisconsin Supreme Court · 1943
- Yeager v. CooleyCourt of Appeals of Georgia · 1932
- Brodde v. GrosenickWisconsin Supreme Court · 1961