Mills v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The plaintiffs are the owners of an improved cranberry marsh, containing several hundred acres, in the county of Monroe, situated southeast of and adjoining the railroad of the defendant company, which runs northeast from Tomah, to Grand Rapids. The marsh lies between the stations of Talley City and Hitchcock .on such railroad.
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APPEAL from the Circuit Court for Monroe County. The plaintiffs are the owners of an improved cranberry marsh, containing several hundred acres, in the county of Monroe, situated southeast of and adjoining the railroad of the defendant company, which runs northeast from Tomah, to Grand Rapids. The marsh lies between the stations of Talley City and Hitchcock .on such railroad. A little before noon July 2, 1887, locomotive engine No. 512 of the railway company, when passing such marsh going northeast, set fire to certain combustible materials on the right of way, and the fire spread over…
1Opinion of the CourtLyoN, J.
The court submitted to the jury the questions whether engine No. 512, which set the fire that spread over plaintiff’s marsh, was properly constructed and in proper repair, and whether the right of way, at the time of the fire, at the point where it commenced, was reasonably clear of combustible materials. The court also instructed the jury, on the testimony hereinafter stated, that the plaintiff Arthur G. Mills, who was in the vicinity of the fire when it started, was negligent in not going to the fire with his men and making an effort to extinguish it or prevent its spreading upon the…
2Cited by6 opinions
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1903
- Brown v. BrooksWisconsin Supreme Court · 1893
- Austin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Brunner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
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