Montague v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Taylor county: John K. PaRish, Circuit Judge. This is an action to recover damages for the destruction of a lot of hay and logging tools owned by the plaintiff by means- of a forest fire -which is alleged to have been negligently set by the defendant’s-employees upon its right of way. . ■ . " - The plaintiff’s logging camp was situated upon the eastern edge of sections 13 and 24, in town 35, range 2 E., in Price county,…
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Appeal from a judgment of the circuit court for Taylor county: John K. PaRish, Circuit Judge. This is an action to recover damages for the destruction of a lot of hay and logging tools owned by the plaintiff by means- of a forest fire -which is alleged to have been negligently set by the defendant’s-employees upon its right of way. . ■ . " - The plaintiff’s logging camp was situated upon the eastern edge of sections 13 and 24, in town 35, range 2 E., in Price county, Wisconsin. The defendant’s railroad runs in a general easterly direction through the north part of said town 35, crossing…
1Opinion of the CourtWinslow, J.
There is one crucial and important question presented upon this appeal, and that is whether there was •evidence ivhich sufficiently identified the fire which started *635on the defendant’s right of way July 7th as the same fire which destroyed the plaintiff’s logging camp three weeks afterwards. The jury were not at liberty to arrive at the result by guess or probable conjecture, but must have substantive evidence to base their verdict upon.
The plaintiff’s camp was about four miles southeast from the place where the fire upon the defendant’s right of way started. As appears from the statement of…
2Cited by2 opinions
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
- Baxter v. Great Northern Railway Co.Supreme Court of Minnesota · 1898