Read v. Morse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The plaintiff was the owner of a mill in the city of Oshkosh, which stood near Eox River in that city, and the defendants were the owners of a tug boat propelled by steam and used in the navigation of that river.
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APPEAL from the Circuit Court for Winnebago County. The plaintiff was the owner of a mill in the city of Oshkosh, which stood near Eox River in that city, and the defendants were the owners of a tug boat propelled by steam and used in the navigation of that river. On the 3d day of May, 1872, and soon after such tug boat, then commanded by the defendant Morley, had been engaged in placing a raft of logs near the mill of the plaintiff, the mill was discovered to be on fire, and the same was entirely consumed. This action was brought to recover damages for such burning ; and the complaint…
1Opinion of the CourtLyon, J.
The only portion of the instructions which the court gave to the jury, necessary to be stated, is as follows: “ Fire is a dangerous and unruly element; therefore the necessities of society require that in its use, care, skill and diligence shall be used by the person using it, to prevent injury to others by it; and the law demands of men who use it for a propelling power, or for the purposes of generating steam, in using steam as the propelling power, that the utmost care and diligence shall be observed by them, together with all such means and products as skill and science have discovered,…
2Cases cited2 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Ward v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
3Cited by17 opinions
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Illinois Central Railroad v. NobleIllinois Supreme Court · 1892
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Fitts v. Cream City RailroadWisconsin Supreme Court · 1884
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