Menominee River Sash & Door Co. v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Je., Circuit Judge. This action was brought to recover damages against the defendant for the negligent destruction by fire from one of its locomotives at Marinette, Wisconsin, on the 30th of September, 1891, of the lumber of the Menominee River Sash <& Door Qovypany, in its lumber yard adjoining the track of the defendant at that- place, of the value of about $7,000. Three insurance companies,…
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Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Je., Circuit Judge. This action was brought to recover damages against the defendant for the negligent destruction by fire from one of its locomotives at Marinette, Wisconsin, on the 30th of September, 1891, of the lumber of the Menominee River Sash <& Door Qovypany, in its lumber yard adjoining the track of the defendant at that- place, of the value of about $7,000. Three insurance companies, having policies on the property, under which they had paid losses, were joined as coplaintiffs, that they might have the…
1Opinion of the CourtPinney, J.
1. It is contended by the appellants’ counsel that, if the findings set aside by the circuit court were contrary to the uncontradieted evidence, that court could not afterwards give judgment for the defendant upon the remaining findings and such uncontradicted evidence in favor of the defendant, but should have granted a new trial. It is proper to notice at the outset that the defendant’s motion was not for judgment upon the record and verdict, non obstante veredicto, nor was such a judgment rendered or its legal equivalent, but it was a judgment on the part of the special verdict remaining…
2Cases cited20 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Scarpelli v. Washington Water Power Co.Washington Supreme Court · 1911
- Progressive Lumber Co. v. Marshall & East Texas Railway Co.Texas Supreme Court · 1913
25 more not listed; retrieve them via the Exa API.