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HASS v. CHICAGO & NORTH WESTERN RY. CO.

No. 188.

48 Wis.2d 321 (1970)

179 N.W.2d 885

HASS and wife, Respondents, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided October 9, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and George W. Greene of counsel, and oral argument by Roger S. Bessey, all of Milwaukee.

For the respondents there was a brief by Gerald J. Bloch and Phillips, Hoffman & Bloch, all of Milwaukee, and oral argument by Gerald J. Bloch.

HEFFERNAN, J.

At the outset it should be pointed out that the complaint does not attempt to predicate liability on the railroad in its capacity as the owner or proprietor of the premises. The complaint does not allege that the injury occurred on the railroad right-of-way. Rather, the allegation is of negligence in starting a fire and failing to exercise due care in preventing its spread.

We are not obliged, therefore, in this case to grapple with the subtle...

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