Kellogg v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for the destruction, by fire, of stacks of hay and straw, sheds, stable, etc., belonging to the plaintiff.
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APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for the destruction, by fire, of stacks of hay and straw, sheds, stable, etc., belonging to the plaintiff. The fire was communicated by sparks or coals from defendant’s engine, to dry grass, weeds and willows, on its way (which extended about fifty feet on each side of its iron track); and it passed thence upon plaintiff’s- pasture and meadow land, and ran through dry stubble of grass and of grain, crossing a brook of about three feet wide, until it reached a hay-stack, and thence spread to the other…
1Opinion of the CourtDixon, C. J.
All the authorities agree that the presence of dry grass and other inflammable material upon the way of a railroad, suffered to remain there by the company without cause, is a fact from which the jury may find negligence against the company. The *229cases in Illinois cited and relied upon by counsel for the defendant hold this. They hold that it is proper evidence for the jury, who may find negligence from it, although it is not negligence per se. Railroad Co. v. Shanefelt, 47 Ill. 497; Illinois Central Railroad Co. v. Nunn, 51 id. 78; Railroad Co. v. Mills, 42 id. 407; Bass v. Railroad Co., 28…
2Cases cited9 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
112 more not listed; retrieve them via the Exa API.