Kingston v. Chicago & Northwestern Railway Co.
191 Wis. 610 · Wisconsin Supreme Court · 1927
Facts
Two fires, one negligently set by sparks from the defendant's locomotive (northeast fire) and another of unknown human origin (northwest fire), converged and destroyed the plaintiff's property. The jury found that both fires were a proximate cause of the destruction, and either fire alone would have caused the same damage. The defendant argued it was not liable because the origin of the second fire was unknown.
Issue
Is a defendant liable for the entire damage when its negligent fire merges with another fire of unknown human origin, and either fire alone would have caused the destruction of the plaintiff's property? Does the unknown origin of the second fire, presumed to be of human agency, absolve the defendant?
Holding
Yes, the defendant is liable for the entire damage. The court affirmed the judgment, concluding that the unknown origin of the northwest fire, which was presumed to be of human agency, did not absolve the defendant from liability for the damage caused by its own negligent fire.
Rule
When two independent fires, each attributable to human agency (even if one's specific origin is unknown), merge and proximately cause damage, and either fire alone would have caused the same damage, the party responsible for one of the fires is liable for the entire loss. The burden is on the defendant to prove the other fire was of an irresponsible origin (e.g., natural causes).
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