Atkinson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown •county: S. D. Hastings, Jb., Circuit Judge. This was an action to recover damages caused by the alleged negligence of the defendant in permitting sparks of fire, live coals, and cinders to escape from its engines on the 10th and 16th days of September, 1893, whereby fire was' «communicated to the dry and combustible grass, leaves, etc., on its right of way, so that it spread and extended to the plaintiff’s land, adjacent…
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Appeal from a judgment of tbe circuit court for Brown •county: S. D. Hastings, Jb., Circuit Judge. This was an action to recover damages caused by the alleged negligence of the defendant in permitting sparks of fire, live coals, and cinders to escape from its engines on the 10th and 16th days of September, 1893, whereby fire was' «communicated to the dry and combustible grass, leaves, etc., on its right of way, so that it spread and extended to the plaintiff’s land, adjacent thereto, and upon and over which it continued to burn for several weeks, consuming the soil thereof, and the grass,…
1Opinion of the CourtPinkey, J.
1. It is provided by ch. 202, Laws of 1893, that “ no action against any railroad or railway corporation for damages to property occasioned by fire set from a locomotive, or for stock killed-or injured by such corporation, •shall be maintained, unless, within one year after the happening of the event causing such damage, notice in writing signed by the party owning such property or stock, his agent •or attorney, shall be given to such corporation against which damage is claimed, stating the time and place where such damage occurred, and that satisfaction therefor is claimed ■of such…
2Cases cited2 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Minnesota Belt Line Railway & Transfer Co. v. GluekSupreme Court of Minnesota · 1891
3Cited by9 opinions
- Sammond v. Tax CommissionWisconsin Supreme Court · 1939
- Lloyd v. . VenableSupreme Court of North Carolina · 1915
- Bihlmire v. HahnWisconsin Supreme Court · 1966
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1905
- United States v. HaymanCourt of Appeals for the Seventh Circuit · 1940
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