Kingston v. Chicago & N.W. Ry. Co.
Wisconsin Supreme Court
211 N.W. 913 (1927)
Kingston (plaintiff) owned a piece of property. A fire was started from sparks emitted from a locomotive owned by Chicago & N.W. Ry. (railroad) (defendant). This fire was northeast of Kingston’s property. At the same time, another fire was started northwest of Kingston’s property. It is unknown who or what started this fire. Both fires spread, and merged into one fire north of Kingston’s property. They approached and eventually destroyed the property. Kingston brought suit against the railroad for negligent destruction of property. The trial court held the railroad responsible for the full amount of damages and entered judgment for Kingston. The railroad appealed.
Rule of Law
Holding and Reasoning (Owen, J.)
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