Green v. Ashland Water Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Ohas. M. Webb, Circuit Judge. Action to recover damages for the death of plaintiff’s intestate alleged to have been caused by negligence on defendant’s part, in that it failed and neglected to extend its intake pipe into Chequamegon Bay from time to time as needed to secure water free from sewage contamination and suitable for domestic use, as required by its contract with the municipality of Ashland.
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Appeal from a judgment of the circuit court for Portage county: Ohas. M. Webb, Circuit Judge. Action to recover damages for the death of plaintiff’s intestate alleged to have been caused by negligence on defendant’s part, in that it failed and neglected to extend its intake pipe into Chequamegon Bay from time to time as needed to secure water free from sewage contamination and suitable for domestic use, as required by its contract with the municipality of Ashland. It was claimed that, owing to the breach of duty mentioned, in March, 1894, defendant took from Chequamegon Bay water contaminated…
1Opinion of the CourtMaRshall, J.
This action was brought, tried, submitted to the jury, and went to judgment, upon the theory, apparently, that a recovery was claimed for the death of plaintiff’s intestate on the ground of actionable negligence of defendant. Something is said in the briefs of counsel about the rule, so called, of implied warranty in the sale of provisions for immediate domestic use, as if that rule might apply to the facts. It is not necessary to consider that theory because of the manner in which the case was tried and submitted, as indicated, though it is proper, and deemed advisable as a guide in future…
2Cases cited17 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Hodges v. PercivalIllinois Supreme Court · 1890
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Canavan v. . City of MechanicvilleNew York Court of Appeals · 1920
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Heiden v. City of MilwaukeeWisconsin Supreme Court · 1937
- People v. SchultzIllinois Supreme Court · 1913
20 more not listed; retrieve them via the Exa API.