Cannon v. Louisville, Evansville & St. Louis Consolidated Railroad
Appellate Court of Illinois
Appeal from the Circuit Court of Wayne County; the Hon. Cabboll C. Boggs, Judge, presiding. This suit in case was brought by appellant to recover damages for the alleged destruction of a crop of oats; a general-demurrer to an amended declaration of two counts was interposed by defendant and sustained by the court. The plaintiff elected to stand by the declaration; the court thereupon entered judgment against him for costs, and he took this appeal.
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Appeal from the Circuit Court of Wayne County; the Hon. Cabboll C. Boggs, Judge, presiding. This suit in case was brought by appellant to recover damages for the alleged destruction of a crop of oats; a general-demurrer to an amended declaration of two counts was interposed by defendant and sustained by the court. The plaintiff elected to stand by the declaration; the court thereupon entered judgment against him for costs, and he took this appeal. The first count charges that defendant failed to build and maintain a suitable and sufficient cattleguard and fence at a public highway crossing,…
1Opinion of the CourtGreen, J.
The first count of the declaration is fatally defective for the reason it is not averred therein that defendant’s line or any part of it had been open for use for the six months preceding the time of the alleged entry of said hogs upon plaintiff’s land. No duty is imposed upon a railroad company by the statute to erect and maintain fences on the sides of its road, or to construct and maintain cattleguards at road crossings until its line, or some part of it, has been open for use for six months, and no liability is incurred by such corporation for a failure to erect and maintain such fences…
2Cases cited2 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Peoria, Decatur & Evansville Railway Co. v. SchillerAppellate Court of Illinois · 1883