McHugh v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Junea/w County. This is an action to recover for the destruction of the plaintiff’s property by a fire which originated on the land of the defendant company, and which, it is alleged, the defendant negligently allowed to spread upon the plaintiff’s premises.
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APPEAL from the Circuit Court for Junea/w County. This is an action to recover for the destruction of the plaintiff’s property by a fire which originated on the land of the defendant company, and which, it is alleged, the defendant negligently allowed to spread upon the plaintiff’s premises. The pleadings are substantially like those in the case of McNar-ra against the same defendant, {ante, p. 69), and the same fire caused the injuries complained of in that case”. On defendant’s demand, plaintiff supplemented his complaint with the particulars of his claim, as follows: 1873. Aug. 24. Burning…
1Opinion of the CourtLtoN, J.
The testimony in tbe case bas not been preserved, by a bill of exceptions; ■ and bence, we bave nothing before us but tbe pleadings, verdict and judgment.
As in tbe case of McNarra v. Railway Co., ante, p. 69, the jury failed to pass upon tile question of tbe alleged contributory negligence of tbe plaintiff. They also failed to find tbe number of acres of the lands injured, or the aggregate amount of such injury. These omissions would be fatal to tbe judgment, were it not for tbe rule that every reasonable presumption will be made in support of tbe judgment of a court of competent…
2Cases cited1 opinion
- Kavanaugh v. City of JanesvilleWisconsin Supreme Court · 1869
3Cited by3 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Page v. Town of SumpterWisconsin Supreme Court · 1881
- Stringham v. CookWisconsin Supreme Court · 1890