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TOWN OF HOWARD v. SOO LINE RR. CO.

No. 345.

63 Wis.2d 500 (1974)

217 N.W.2d 329

TOWN OF HOWARD, Respondent, v. SOO LINE RAILROAD COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided May 7, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Roy S. Wilcox and Wilcox & Wilcox, all of Eau Claire, and for the respondent on the brief of Russell R. Falkenberg of Cadott.

Submitted under sec. (Rule) 251.54 April 3, 1974.

HALLOWS, C. J.

The complaint alleges the Soo Line was negligent in the operation of its train and thereby caused live sparks to be emitted from the locomotive which "alighted on the land of said town" causing a large grass fire. A stipulation of facts was entered into which stated that on April 25, 1969, sparks from a Soo Line locomotive negligently caused the fire...

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