Abbot v. Gore
Wisconsin Supreme Court
ERROR to the Circuit Court for Winnebago County. The defendant in error, Jacob Gore, brought his action in the circuit court against Abbot and Stewart, the plaintiffs in error, to recover the value of, a quantity of hay belonging to him and to certain other persons who, before the action was brought, assigned their claims to him.
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ERROR to the Circuit Court for Winnebago County. The defendant in error, Jacob Gore, brought his action in the circuit court against Abbot and Stewart, the plaintiffs in error, to recover the value of, a quantity of hay belonging to him and to certain other persons who, before the action was brought, assigned their claims to him. The hay in question was standing in stacks on a marsh adjacent to the line of the "Wisconsin Central Railroad, operated by the plaintiffs in error as trustees, and was burned, as is alleged, in. consequence of tlaeir negligence in operating the railroad. The…
1Opinion of the CourtLtoit, J.
Inasmuch as the locomotive engine Ho. 65, which passed the place of the fire recently before the fire was discovered, was in proper condition and properly managed and operated, the plaintiff below was not entitled to recover unless the fire originated on the right of way of the railroad company, and in the combustible materials which the jury found were negligently left thdreon. If it originated outside the right of way, or within it at another point, and spread from thence over the marsh on which the hay was stacked, the only negligence which the verdict imputes to the defendants below, to…
2Cases cited2 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
3Cited by7 opinions
- Kansas City, Fort Scott & Memphis Railroad v. PerrySupreme Court of Kansas · 1902
- Lemann Co. v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1911
- LaSalle Pump & Supply Co., Inc. v. LOUISIANA MIDLAND R.Louisiana Court of Appeal · 1983
- Cook v. Doud Sons & Co.Wisconsin Supreme Court · 1911
- Theresa Village Mutual Fire Insurance Co. v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
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