Britton v. Green Bay & Fort Howard Water Works Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action to recover damages for the destruction of plaintiff’s property by fire, alleged to have been caused by the failure of the defendant to supply the fire hydrants in the vicinity of said property with water for fire service.
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APPEAL from the Circuit Court for Brown County. Action to recover damages for the destruction of plaintiff’s property by fire, alleged to have been caused by the failure of the defendant to supply the fire hydrants in the vicinity of said property with water for fire service. The plaintiff appeals from an order denying a motion to strike out and overrule a general demurrer to the complaint. 1. One who owes a duty to the public is liable to any individual specially injured by its nonperformance. Willy v. Mulledy, 78 N. Y. 810; Hayes v. M. O. R. Go. Ill U. S. 228; Raynsford v. Phelps, 43 Mich.…
1Opinion of the CourtOktoN, J.
The demurrer to the complaint, on the ground that it did not state a cause of action, was sustained, and this appeal is from said order. The material facts stated in the complaint are substantially as follows:
The water works of the respondent company in the city of Green Bay were completed in 1881. Water mains were laid throughout the city, and 160 double-nozzled hydrants thereon were located at different points, and one of them in the vicinity of the property of the plaintiff .hereinafter mentioned. The mains and hydrants were connected with two direct pressure pumping engines, as the power…
2Cases cited8 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
- Nickerson v. Bridgeport Hydraulic Co.Supreme Court of Connecticut · 1878
- Becker v. Keokuk WaterworksSupreme Court of Iowa · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Town of Ukiah City v. Ukiah Water & Improvement Co.California Supreme Court · 1904
- Highway Trailer Co. v. Janesville Electric Co.Wisconsin Supreme Court · 1925
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
- Fitch v. Seymour Water Co.Indiana Supreme Court · 1894
25 more not listed; retrieve them via the Exa API.