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Kingston v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court (1927) | 191 Wis. 610; 211 N.W. 913; 1927 Wisc. LEXIS 108

3 min read

TL;DR: A railroad's negligently started fire merged with another fire of unknown origin, destroying the plaintiff's property. The court held the railroad fully liable because both fires were likely caused by human actors, and either fire alone would have been sufficient to cause the damage.

Legal Significance: Establishes that when two independent, concurrent tortious acts cause an indivisible injury, and either act alone would have been sufficient to cause the harm, a known tortfeasor is jointly and severally liable for the entire damage.