Tobin v. Nichols
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: MabtiN L. Lueok, Circuit Judge. Plaintiff, who owns twenty acres of marsh land, sued the defendants for the destruction of the hay and grass thereon, resulting from a fire which was started by the defendants on the adjoining land and which afterwards escaped to plaintiff’s land.
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Appeal from a judgment of tbe circuit court for Dodge county: MabtiN L. Lueok, Circuit Judge. Plaintiff, who owns twenty acres of marsh land, sued the defendants for the destruction of the hay and grass thereon, resulting from a fire which was started by the defendants on the adjoining land and which afterwards escaped to plaintiff’s land. The answer was a general denial; but on the trial the defendants admitted the kindling of a fire on the adjoining land August 31, 1911, and admitted that it was allowed to escape to the plaintiff’s land, but claimed by their evidence that they whipped the…
1Opinion of the Court
Winslow, O. J.
In this case the following propositions are decided:
1. Under the statute making a special verdict a matter of right (sec. 2858, Stats. 1913), and the rule that “every material, issuable fact controverted on the evidence” should be covered by an appropriate question (Schliesleder v. Milwaukee E. R. & L. Co. 147 Wis. 668, 134 N. W. 144), it was error to refuse to submit a special verdict in the present case, because the evidence made it clear that the issues really raised by the pleadings and litigated on the trial were (1) whether there were two independent fires, for the second…
2Cases cited2 opinions
- Schliesleder v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
- Taylor v. Tigerton Lumber Co.Wisconsin Supreme Court · 1907
3Cited by3 opinions
- Papke v. HaerleWisconsin Supreme Court · 1926
- John E. DeWolf Co. v. HarveyWisconsin Supreme Court · 1915
- Klas v. KuehlWisconsin Supreme Court · 1915