Peoria, Decatur & Evansville Railway Co. v. Aten
Appellate Court of Illinois
Appeal from the Circuit Court of Jasper County; the Hon. C. C. Boggs, Judge, presiding. An action was brought by A. F. Aten for killing stock, and another action of the same nature was brought by John F. Aten. Several counts of each declaration allege the killing of hogs, while other counts allege the killing of one horse belonging to A. F. Aten, and the killing of three horses belonging to John F. Aten.
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Appeal from the Circuit Court of Jasper County; the Hon. C. C. Boggs, Judge, presiding. An action was brought by A. F. Aten for killing stock, and another action of the same nature was brought by John F. Aten. Several counts of each declaration allege the killing of hogs, while other counts allege the killing of one horse belonging to A. F. Aten, and the killing of three horses belonging to John F. Aten. The horses were killed at about the same time, and on trial it was stipulated by the parties that both causes should be tried together and the jury find separate verdicts, and that both…
1Opinion of the CourtPhillips, P. J.
Erom the facts appearing in this record there is not a preponderance of evidence showing the defendant guilty of negligence in the management of its train, even if the bell was not rung or the whistle sounded as required by the statute. Mo recovery could be had for that cause unless it was made to appear by facts and circumstances preponderating, that the accident was the result of such neglect. Quincy, Alton & St. Louis R. R. Co. v. Wellhoener, 72 Ill. 60; Terre Haute & Indianapolis R. R. Co. v. Tuterwiler, 16 Ill. App. 197.
The evidence that tracks of a horse or horses, apparently running,…
2Cases cited11 opinions
- Toledo, Wabash & Western Railway Co. v. BarlowIllinois Supreme Court · 1874
- Illinois Central Railroad v. McKeeIllinois Supreme Court · 1867
- Quincy, Alton & St. Louis Railroad v. WellhoenerIllinois Supreme Court · 1874
- Chicago, Burlington & Quincy Railroad v. FarrellyAppellate Court of Illinois · 1878
- Indianapolis & St. Louis Railroad v. HallIllinois Supreme Court · 1878
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3Cited by1 opinion
- Chicago, M. & St. P. Co. v. KendallAppellate Court of Illinois · 1893