Wunderlich v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Langlade county: John G-oodland, Circuit Judge. The complaint alleges that the plaintiffs Wunderlich on the 12th of September, 1894, owned and operated a saw-mill and general store at Elmhurst,. Langlade county, and that on said day their saw-mill and store and a large amount of lumber, valued in all at over $50,000,. were destroyed by fire, which fire was caused by sparks negligently allowed to escape from a defective engine…
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Appeal from an order of the circuit court for Langlade county: John G-oodland, Circuit Judge. The complaint alleges that the plaintiffs Wunderlich on the 12th of September, 1894, owned and operated a saw-mill and general store at Elmhurst,. Langlade county, and that on said day their saw-mill and store and a large amount of lumber, valued in all at over $50,000,. were destroyed by fire, which fire was caused by sparks negligently allowed to escape from a defective engine operated by the defendant. The complaint further alleges that plaintiffs Palatine Insurance Gonypany and eleven other…
1Opinion of the Court
Winslow, J".
Fairly and reasonably construed, the complaint charges that the property of the plaintiffs Wunderlich was destroyed by a fire negligently kindled by the defendant, and that the plaintiff insurance companies had previously issued to the plaintiffs Wunderlich contracts of insurance against fire upon said property, which were in force at the time of the fire, and that said insurance companies had paid the losses under their policies. The demurrer to the complaint was properly overruled, for two reasons: (1) Because it is settled in this state that “ the question of misjoinder of…
2Cases cited2 opinions
- Pratt v. RadfordWisconsin Supreme Court · 1881
- Kucera v. KuceraWisconsin Supreme Court · 1893
3Cited by10 opinions
- Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Patitucci v. GerhardtWisconsin Supreme Court · 1932
- Sims v. Mutual Fire Insurance Co. of La PrairieWisconsin Supreme Court · 1899
- Gaugler v. Chicago, M. & P. S. Ry. Co.District Court, D. Montana · 1912
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