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Torts Keyed to Underwood
Kingston v Chicago & Northwestern Railway
Citation:211 N.W. 913 (Wisc. 1927)
The case involved two different fires. One fire dubbed “the northeast fire” was created by sparks emitted from the defendant’s locomotive. The other fire dubbed “the northwest fire” had an unknown origin. After their creation, these fires merged together 940 feet north of the plaintiff’s property. The united fire would destroy the plaintiff’s property. Either fire, in the absence of the other, would have destroyed the plaintiff’s property. Therefore, there were two separate, independent, and distinct agencies that constituted the proximate cause of the plaintiff’s damage.
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