Spaulding v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. Action' by Spaulding against the Chicago and Northwestern Railway Company to recover damages for injuries to plaintiff’s woodlands by two fires alleged to have originated on defendant’s right of way, by reason of an insufficient and unsafe locomotive, and by reason- of defendant’s having negligently allowed its right of way to become encumbered with dry vegetation and herbage in a combustible and dangerous condition.
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APPEAL from the Circuit Court for Rode County. Action' by Spaulding against the Chicago and Northwestern Railway Company to recover damages for injuries to plaintiff’s woodlands by two fires alleged to have originated on defendant’s right of way, by reason of an insufficient and unsafe locomotive, and by reason- of defendant’s having negligently allowed its right of way to become encumbered with dry vegetation and herbage in a combustible and dangerous condition. The answer denied all the material allegations of the complaint. The evidence on the part of plaintiff tended to show that the…
1Opinion of the CourtDixON, C. J.
That the statute 6 Anne, c. 3, § 6, enacted in 1707, with the interpretation heretofore supposed to have been given to it in England in the time of Blaclcstone and before, is in'force as part of the common law of this state, was assumed by this court in the case of Kellogg v. The Chicago and Northwestern Railway Company, 26 Wis., 223, 267, 272. As will be seen by the reference, the words of that statute, “ in whose house or chamber any fire shall accidentally begin,” had been construed as if the statute read, “ in whose house or chamber any fire shall negligently begin,” thus exempting from…
2Cases cited6 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Samuel v. Grand Trunk Railway Co. of CanadaSupreme Court of Vermont · 1869
- Bass v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
44 more not listed; retrieve them via the Exa API.