Kurz & Huttenlocher Ice Co. v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauhee County. The action was brought to recover the value of plaintiff’s ice-liouses, ice, tools, etc-., destroyed by fire May 17, 1890. In February, 1890, the plaintiff constructed the three ice-houses which were burned, upon rented land on the shores of Lake Winnebago, near the city of Menasha.
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APPEAL from the Circuit Court for Milwauhee County. The action was brought to recover the value of plaintiff’s ice-liouses, ice, tools, etc-., destroyed by fire May 17, 1890. In February, 1890, the plaintiff constructed the three ice-houses which were burned, upon rented land on the shores of Lake Winnebago, near the city of Menasha. The houses were all joined together, and at about the same time the Jefferson Ice Company built two ice-houses west of and adjoining the plaintiff’s houses. In March, 1890, the defendant railroad company constructed a temporary side track’along in front of’the…
1Opinion of the Court
The following opinion was filed December 6, 1892:
Winslow, J.
The trial was long, and the exceptions taken were numerous. We shall review the case no further than is necessary to a discussion of certain questions fundamental to the case, upon which we think the conclusions of the trial court were erroneous.
I. The court refused to submit to the jury any question as to the alleged negligent construction, condition, or operation of the engine, and ruled that there was no evidence tending to show that there was any negligence on the part of the company in either respect. . The evidence of…
2Cases cited3 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1886
3Cited by8 opinions
- Boyd v. Portland Electric Co.Oregon Supreme Court · 1902
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Great Northern Ry. Co. v. CoatsCourt of Appeals for the Eighth Circuit · 1902
- Stacy v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1893
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