Martin v. Western Union Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Socle County. Action to recover damages for the loss of goods destroyed by fire at tbe city of Beloit, through the alleged negligence of the defendant.
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APPEAL from the Circuit Court for Socle County. Action to recover damages for the loss of goods destroyed by fire at tbe city of Beloit, through the alleged negligence of the defendant. The allegation as to negligence was as follows: “ that defendant * * ran a train of cars at an unlawful and unusual rate of speed, out of said city, and within said city limits, * * in a most reckless, negligent and careless manner, by opening the grates and flues under and around the locomotive engine boiler, thereby allowing fire, coals, sparks and cinders to be thrown in all directions in and about the…
1Opinion of the CourtDixoN, C. J.
Where the evidence for want of which a motion for a nonsuit ought to have been granted, is afterward supplied, the error in refusing to allow the motion is cured. The judgment will not be reversed, nor a new trial granted, merely because the evidence was not before the court when the nonsuit was asked. Barton v. Kane, 17 Wis. 37; Dodge v. McDonnell, 14 id. 553. The rule applies here, and is decisive of all the grounds taken in support of the motion for nonsuit, except the last. Evidence was subsequently given that the place where the train was running, and where the fire occurred, was, as…
2Cases cited1 opinion
- Barton v. KaneWisconsin Supreme Court · 1863
3Cited by14 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Snyder v. P., C. & St. L. Railway Co.West Virginia Supreme Court · 1877
- Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Tsuruoka Ex Rel. Tsuruoka v. LukensHawaii Supreme Court · 1932
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