Kingston v. Chicago & N.W. Ry.,

191 Wis. 610, 211 N.W. 913 (1927)

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Nature of the Case

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Facts

A forest fire was burning about one half to one mile northwesterly, nearly west, of P's property. Another fire was burning about four miles northeast of P's property. These two fires united in a region about 940 feet north of the railroad track. The line of fire was about forty or fifty rods east and west. It then traveled south and burned P's property, consisting of logs, timber, and poles on P's land. P claims that both fires which united were set by D, one by a locomotive on its main line running north of Bonita, the other by a locomotive on the branch about three miles west of Bonita and about a mile in a westerly direction from the spur. The jury found that both fires were set by locomotives belonging to D and that both fires constituted a proximate cause of the damage. D appealed. D contends that there is no evidence to support the finding that either fire was set by D.