Page:Federal Reporter, 1st Series, Volume 4.djvu/192

 178 PEDESAIi RBPOBTEB. �S. V. Pînney and W. F. Vilas, for plaintiff, �Raymond e Haseltine, for defendant. �BuNN, D. J. This action is brought to recover the valae of a certain quantity of lumber destroyed bj fire, charged to have originated from sparks proceeding from the defendant's Bhingle mill in a dry time and during a high wind. The case came on for trial at the June term, 1878, and was tried by a jury. The plaintiff, among other things, to sustain bis action, which was grounded upon the defendant's negli- gence, introduced a written contract, of which the foUowing is a copy : �"It is hereby agreed by and between A. F. Dodge, of the city of Stevens Point, in the county of Portage, and state of Wisconsin, and William J, Clifford, of the same place, that said Dodge shall work and operate, during the mUling season of 1879, a certain shingle mill situate in the city of Stevens Point, which mill is now in the possession and under the con- trol of said Clifford, and shall manufacture shingles from logs to be furnisbed by said Clifford as hereinafter stated. �"It is further agreed by and between said parties that said Clifford shall pay to said Dodge the following rates for man- ufacturing said shingles : for the brand known as Star A, 60 cents per thousand; and for the brand known as Shaded A, 42 i^ cents per thousand. �"It is further agreed by and between said parties that said shingles shall be made and put up in a good and workman- like manner, and that said Dodge shall hire and pay ail the men employed in the manufacture of said shingles, and shall provide ail brands, band irons, oil, nails, and files in the man- ufacture of said shingles, and shall pay for repairing ail breaks in the maohinery of the said mill when the cost of said repairs shall not exceed five dollars ; any break in the ma- chinery of said mill, the repairing of which will cost more than five dollars, to be paid for by said Clifford. �"It is further agreed by and between said parties that said Dodge shall load ail shingles so manufactured as aforesaid on the switch of said mill ; said Clifford to pay ail expensea for loading said shingles over and above the sum of $1.25 per ����