Gibbons v. Wisconsin Valley Railroad
Wisconsin Supreme Court
APPEAL, from the Circuit Court for Wood County. Action to recover damages for the destruction by fire of a quantity of lumber, it being alleged that such fire was caused by the defendant’s negligence.
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APPEAL, from the Circuit Court for Wood County. Action to recover damages for the destruction by fire of a quantity of lumber, it being alleged that such fire was caused by the defendant’s negligence. The facts will sufficiently appear from the opinion and from the reports of former appeals, in 58 Wis. 335, and 62 Wis. 546. There tras a verdict for the plaintiff, and from the judgment entered, thereon the defendant appealed. to the point that, knowing the condition of the depot grounds and the uses to which they were put, the plaintiff assumed the risk incident to the piling of his lumber in…
1Opinion of the CourtCorns, C. J.
This is the third appearance of this case in this court. See 58 Wis. 335; 62 Wis. 546. On the last trial there was no attempt to sustain the liability of the defendant on the ground that there was any defect in its engines, or any negligence in their .management. The plaintiff claimed that the fire which occasioned the loss was caused by sparks or coals of fire escaping, either from engine No. 6 on the freight train, or engine No. 5 of the passenger train, which passed the station a little later in the forenoon. The trial court, in.its charge to the jury on this point, said: “ The undisputed…
2Cases cited3 opinions
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
- Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1885
3Cited by10 opinions
- Abrams v. Seattle & Montana Railway Co.Washington Supreme Court · 1902
- Highland Foundry Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Hrouska v. JankeWisconsin Supreme Court · 1886
- Richmond v. McNeillOregon Supreme Court · 1897
- Deason v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1914
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