Wood v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. Action for the value of goods destroyed by fire, alleged to have been caused by defendant’s negligence, while they were in possession of defendant as warehouseman, at one of its depots. At the close of plaintiff’s evidence, a motion by defendant for a nonsuit was denied; and evidence was then introduced in defendant’s behalf. So much of the instructions given by the court as is important here, will be found in the opinion.
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APPEAL from the Circuit Court for Crawford County. Action for the value of goods destroyed by fire, alleged to have been caused by defendant’s negligence, while they were in possession of defendant as warehouseman, at one of its depots. At the close of plaintiff’s evidence, a motion by defendant for a nonsuit was denied; and evidence was then introduced in defendant’s behalf. So much of the instructions given by the court as is important here, will be found in the opinion. The following questions were submitted to the jury for special verdict: “1. Did the fire which consumed the depot…
1Opinion of the CourtOeton, J.
There was considerable conflict of evidence as to the origin of tjie fire which consumed the warehouse and the goods of the plaintiff therein. The evidence on this point was entirely circumstantial, and involved to some extent the credibility of witnesses, and at best falls short of proving with absolute certainty the origin of the fire; but we cannot say that the jury were not warranted in believing, from evidence making it strongly probable, that it originated from a kerosene lamp on a bracket attached to a window-casing in the telegraph office of the depot building, and left burning after…
2Cases cited6 opinions
- Morrison v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1878
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Read v. MorseWisconsin Supreme Court · 1874
- Erd v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Steffen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lothrop v. ThayerMassachusetts Supreme Judicial Court · 1885
- Harris v. CameronWisconsin Supreme Court · 1892
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1887
- Lillibridge v. McCannMichigan Supreme Court · 1898
- Grand Rapids & Indiana Railway Co. v. L. Starks Co.Michigan Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.