Kronshage v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to recover from defendant, as warehouseman, the value of certain goods belonging to the firm of Parker, Hildebrand & Go., which were stored in defendant’s depot or warehouse at Boscobel, and were destroyed by the burning of such depot or warehouse on the night of August 31, 1870. It is alleged in the complaint that the fire was caused by defendant’s negligence.
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APPEAL from the Circuit Court for Grant County. Action to recover from defendant, as warehouseman, the value of certain goods belonging to the firm of Parker, Hildebrand & Go., which were stored in defendant’s depot or warehouse at Boscobel, and were destroyed by the burning of such depot or warehouse on the night of August 31, 1870. It is alleged in the complaint that the fire was caused by defendant’s negligence. The claim in this action was assigned by the firm to the plaintiff (who was a member of the firm), before the action was commenced. The cause was here on a former apjoeal. 40 Wis.,…
1Opinion of the CourtLtoh, J.
We think there was sufficient evidence to present for the determination of the jury the questions, whether a lamp was left burning in the office, and, if so, whether it was a negligent act thus to leave it burning; and whether the fire which burned the depot and goods originated from the lamp. These questions seem to cover the whole controversy, and they were fairly submitted to the jury.
The learned circuit judge instructed the jury that if satisfied from the evidence that the fire originated from a lamp left burning in the' office, and that it was negligence to leave it burning there, it…
2Cases cited2 opinions
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
- Parker v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872
3Cited by1 opinion
- Helms v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1903