Illinois Central Railroad v. Phelps
Illinois Supreme Court
Phelps, the appellee, brought an action against the railroad company, before a justice of the peace, to recover the value of a horse, killed in the town of Carbondale, by the locomotive of the company. Phelps recovered a judgment. The company then took an appeal to the Circuit Court of Jackson county, where Phelps again recovered a judgment, and the company appealed to this court. The train which killed the animal was a passenger train.
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Phelps, the appellee, brought an action against the railroad company, before a justice of the peace, to recover the value of a horse, killed in the town of Carbondale, by the locomotive of the company. Phelps recovered a judgment. The company then took an appeal to the Circuit Court of Jackson county, where Phelps again recovered a judgment, and the company appealed to this court. The train which killed the animal was a passenger train. Carbondale was a station at which the train stopped and took in wood, after which it started slowly at first, but increased in speed. The animal killed was…
1Opinion of the CourtWalker, J.
Negligence cannot be imputed to the company for failing to fence at the place of the accident, as no such duty was imposed at that point. Nor does it appear that the train was running at an unusual or improper speed. Nor floes it appear that the engineer was guilty of negligence, as he was on the look-out at the time. There was evidently no lack of duty in any of these requirements. And if a liability has been incurred, it is by the neglect of some other duty.
It is, however, urged, that the failure to ring the bell or sound the whistle creates that liability. The statute requires railroad…
2Cases cited1 opinion
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
3Cited by17 opinions
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- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Indianapolis, Cincinnati, & Lafayette Railroad v. HarterIndiana Supreme Court · 1872
- Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1870
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
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