Legal Opinion

Hustisford Farmers' Mutual Insurance v. Chicago, Milwaukee & St. Paul Railway Company

Wisconsin Supreme Court

Decided April 6, 1886PublishedCited by 7 opinions

APPEAL from the Circuit Court for Jefferson County. The case is sufficiently stated in the opinion. They contended, inter alia, that the plaintiff had no power or authority to take an assignment from Schwantes of his claim against the defendant. The powers of the plaintiff are such, and only such, as the statute confers.

Read the full summary

APPEAL from the Circuit Court for Jefferson County. The case is sufficiently stated in the opinion. They contended, inter alia, that the plaintiff had no power or authority to take an assignment from Schwantes of his claim against the defendant. The powers of the plaintiff are such, and only such, as the statute confers. Thomas v. Railroad Go. 101 U. S. 19; M., W. & M. P. R. Go. v. W. <& P. P. R. Go. 7 Wis. 59; Róele, Rimer Panic v. Sherwood, 10 id. 230; Waldo v. G., St. P. c& F. du L. R. Go. 14 id. 575; H. W. D. Paeleei Go. v. Shorn, 37 id. 655; Dietrieh v. Madison Relief Ass’n, 45 id. 19;…

1Opinion of the CourtCole, C. J.

The plaintiff is a town insurance company, organized in April, 1875, under ch. 103, Laws of 1872. It issued its policy to one Gottlieb Schwantes, insuring him against loss or damage by fire or lightning to the amount of $800 on his buildings and personal property therein. During the life of the policy a loss occurred which was occasioned, as the jury found, by a fire starting on the defendant’s right of way, and extending to the adjacent premises of the insured. The jury also found that the defendant was guilty of negligence in not keeping its right of way free from dry grass and other…

2Cases cited3 opinions

  1. Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
  2. Dietrich v. Madison Relief Ass'nWisconsin Supreme Court · 1878
  3. Mudrock v. KillipsWisconsin Supreme Court · 1886

3Cited by7 opinions

  1. Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
  3. Patitucci v. GerhardtWisconsin Supreme Court · 1932
  4. Sims v. Mutual Fire Insurance Co. of La PrairieWisconsin Supreme Court · 1899
  5. British America Assurance Co. v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API