Kingston v. Chicago & Northwestern Railway Co.

191 Wis. 610 · Wisconsin Supreme Court · 1927

Facts

Plaintiff's property was destroyed by the convergence of two fires: a northeast fire caused by sparks from the defendant's locomotive, and a northwest fire of unknown origin. The jury found both fires were a proximate cause of the destruction, and either fire alone would have caused the damage. The defendant argued it was not liable because the origin of the northwest fire was unknown.

Issue

Can a defendant be held liable for the entire damage when its negligent act (setting one fire) combines with another fire of unknown but likely human origin, and either fire alone would have caused the destruction?

Holding

Yes, the defendant is liable for the entire damage. The court affirmed the judgment, concluding that the unknown origin of the second fire, which was presumed to be of human agency, does not relieve the defendant of liability for its own negligent fire.

Rule

When two independent causes, each attributable to the negligence of a responsible person (or likely human agency), concur in producing an injury, and either cause alone would have produced the entire injury, each wrongdoer is individually responsible for the entire damage. The burden is on the defendant to prove the other cause was of an 'irresponsible origin' (e.g., natural causes) to escape liability.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.