Brunner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marathon county: A. H. Reid, Circuit' Judge. This action was brought to recover damages for the burning of certain forest products piled for shipment by the plaintiff along and adjacent to a spur track of the Abbotsford & North Eastern Railway Company.
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Appeal from a judgment of tbe circuit court for Marathon county: A. H. Reid, Circuit' Judge. This action was brought to recover damages for the burning of certain forest products piled for shipment by the plaintiff along and adjacent to a spur track of the Abbotsford & North Eastern Railway Company. It was alleged in the complaint that the defendant railway company owned and operated the railroad and spur track, and that its codefend-ant by its permission operated the locomotive which set the fire. The act's of negligence claimed were (1) failure to properly equip the locomotive so as t'o…
1Opinion of the Court
The following opinion was filed October 7, 1913:
BaeNes, J.
Tbe appellants insist that tbe judgment is erroneous and should be reversed on tbe following grounds: (1) There was no evidence showing or tending to show that the defendant railway company either owned or operated the railroad or spur track in question; (2) the plaintiff assumed the hazard which caused the destruction of his property; (3) the plaintiff was a trespasser or at best a mere licensee, toward whom the defendants owed no duty except to refrain from acts wilfully injurious; and (4) the plaintiff was guilty of contributory…
2Cases cited5 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1885
- Mills v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Theresa Village Mutual Fire Insurance Co. v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
- Austin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
3Cited by3 opinions
- Shaver v. DavisWisconsin Supreme Court · 1922
- L. R. Martin Timber Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Pribonic v. FultonWisconsin Supreme Court · 1922