Erd v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Junecm County. Action for damages to plaintiff’s fence, etc., from a Are alleged to have been caused by defendant’s negligence. The action was commenced in justice’s court, where, after refusing defendant’s tender of a judgment for $35 damages, with costs to that time, plaintiff recovered judgment for $60 damages, and for costs. On appeal to the circuit court, plaintiff had a judgment for $37.50 damages, and for full costs.
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APPEAL from tbe Circuit Court for Junecm County. Action for damages to plaintiff’s fence, etc., from a Are alleged to have been caused by defendant’s negligence. The action was commenced in justice’s court, where, after refusing defendant’s tender of a judgment for $35 damages, with costs to that time, plaintiff recovered judgment for $60 damages, and for costs. On appeal to the circuit court, plaintiff had a judgment for $37.50 damages, and for full costs. From this judgment the defendant appealed. among other things, that if defendant’s offer of judgment for $35, under sec. 1, ch. 99, Laws…
1Opinion of the CourtCole, J.
The counsel for the defendant insists that there was no proof of negligeij.ee on the part of the company in *67causing tbe fire which destroyed the plaintiff’s fence; and he claims that the evidence shows that the plaintiff’s own negligence caused or materially contributed to produce the injury of which he complains. Both branches of this proposition seem to us unsupported by the testimony in the record. There is surely evidence sufficient to carry the case to the jury, upon the question of negligence on the part of the employees of the company. It appears that there was a heavy grade where the…
2Cases cited1 opinion
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
3Cited by11 opinions
- Sammond v. Tax CommissionWisconsin Supreme Court · 1939
- Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Gram v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Andrews v. YoumansWisconsin Supreme Court · 1892
- Lewis v. City of RacineWisconsin Supreme Court · 1923
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