Fahn v. Reichart
Wisconsin Supreme Court
ERROR TO circuit COURT, WASHINGTON COUNTS'. The complaint in this case averred that the defendant on the 1st of April, 1858, carelessly set fire to a large log pile on his own lands and about three feet from the boundary of the plaintiff lands; that the fire continued to burn for three days when the wind blew hard, and blew the sparks and fire from the log pile, about twelve rods, to a straw stack of the plaintiff’s close to the plaintiff’s barn, and so burnt the stack and…
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ERROR TO circuit COURT, WASHINGTON COUNTS'. The complaint in this case averred that the defendant on the 1st of April, 1858, carelessly set fire to a large log pile on his own lands and about three feet from the boundary of the plaintiff lands; that the fire continued to burn for three days when the wind blew hard, and blew the sparks and fire from the log pile, about twelve rods, to a straw stack of the plaintiff’s close to the plaintiff’s barn, and so burnt the stack and barn with its contents, hay, and a fanning mill, &c. The answer denied the complaint, and the case was tried by a jury,…
1Opinion of the Court
*257 By the Court,
Cole, J.
We do not think that the plaintiff in error could have been prejudiced by the charge of the circuit court. For suppose the evidence had been clear and incomestible, that the defendant in error by himself or servants, had set fire to the logs and brush upon his own land, and that the fire had been communicated to the plaintiff’s barn, and destroyed it; still the action might not be sustained. A man may burn logs and brush upon his own land. The act is not unlawful or necessarily attended with injurious consequences to his neighbors. So the jury would not only have to find…
2Cases cited1 opinion
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- Metropolitan Casualty Insurance v. ClarkWisconsin Supreme Court · 1911
- Needham v. KingMichigan Supreme Court · 1893
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
- Brown v. BrooksWisconsin Supreme Court · 1893
- Boyd v. GrahamMissouri Court of Appeals · 1878
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