62 Wis. 546 | Wis. | 1885
This case was here on a former appeal' and is reported in 58 Wis. 335, where a sufficient statement of its main facts may be found. On that appeal a judgment for the plaintiff was reversed because of the admission of improper testimony. Another trial has been had, which also resulted in a verdict and judgment for the plaintiff, from which the defendant has again appealed.
The court refused to instruct the jury, as requested by counsel for the defendant, that “ the evidence in this action shows that the engines of the defendant company were in good condition, properly constructed, and provided with all the usual appliances for the prevention of the escape of fires, in use at the time the fire occurred,” and submitted to the jury the question as to whether such engines were so constructed and in such condition. This was a plain error, within several of the decisions of this court. Spaulding v. C. & N. W. R'y Co. 33 Wis. 582 (see S. C. 30 Wis. 110); Read v. Morse, 34 Wis. 315; Cockburn v. Ashland Lumber Co. 54 Wis. 619; Brusberg v. M., L. S. & W. R'y Co. 55 Wis. 106. This was a material error. The verdict is general, and
By the Court.— The judgment of the circuit court is reversed, and the cause will be remanded for a new trial.