Waukesha County Agricultural Society v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Action to recover damages alleged to have been caused by negligence of defendant in allowing fire to escape from one of its locomotive engines which ignited plaintiffs property, destroying the same. There was a motion on behalf of defendant for a change of the place of trial, and this appeal is from the order denying the same.
1Opinion of the CourtMarshall, J.
Such orders are not appealable. It has been repeatedly so held. Evans v. Curtiss, 98 Wis. 97, 73 N. W. 432; Latimer v. Central E. Co. 101 Wis. 310, 77 N. W. *540155; Latimer v. Julius Andrae & Sons Co. 101 Wis. 311, 77 N. W. 1119; State ex rel. Spence v. Dick, 103 Wis. 407, 79 N. W. 421. It is now about eight years since the law respecting appealable orders was so changed as to tahe such as the one involved here out of the appealable class, and five years since it was so distinctly decided by this court. An order is not in such class merely because it denies a substantial right, as was…
2Cases cited4 opinions
- State ex rel. Spence v. DickWisconsin Supreme Court · 1899
- Latimer v. Central Electric Co.Wisconsin Supreme Court · 1898
- Evans v. CurtissWisconsin Supreme Court · 1897
- Latimer v. Julius Andrae & Sons Co.Wisconsin Supreme Court · 1898
3Cited by5 opinions
- State ex rel. T. L. Smith Co. v. Superior Court of Dane CountyWisconsin Supreme Court · 1920
- Trossen v. BurckhardtWisconsin Supreme Court · 1960
- Fraser v. FargoWisconsin Supreme Court · 1908
- Brust v. First National BankWisconsin Supreme Court · 1922
- Sanders v. German Fire Insurance Co. of IndianaWisconsin Supreme Court · 1905