Kingston v. Chicago & N.W. Ry. Co.
Wisconsin Supreme Court
211 N.W. 913 (1927)
Relevant factsFree
A fire started by sparks from the railroad's (defendant) locomotive spread from the northeast of Kingston's (plaintiff) property, while a separately originating fire of unknown human cause spread from the northwest; the two fires merged before destroying Kingston's property, with no evidence of any weather event or act of God involved. The trial court held the railroad fully liable for the property damage, and the railroad appealed.
IssueFree
Whether, when two or more human entities both proximately cause injury to a plaintiff, and only one is identified, the plaintiff may recover the full amount of damages from the one known wrongdoer.