Illinois Central Railroad v. Swearingen
Illinois Supreme Court
Appeal from the Circuit Court of De Witt county; the Hon. John" M. Scott, Judge, presiding. This was an action on the case, instituted in the court below, by Elijah W. Swearingen, against the Illinois Central Railroad Company, to recover damages for the killing of three horses of the plaintiff on the road of the company.
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Appeal from the Circuit Court of De Witt county; the Hon. John" M. Scott, Judge, presiding. This was an action on the case, instituted in the court below, by Elijah W. Swearingen, against the Illinois Central Railroad Company, to recover damages for the killing of three horses of the plaintiff on the road of the company. The ground of recovery, as set forth in the plaintiff’s declaration, was, that, by reason of the fences along the company’s road not being kept in repair, the plaintiff’s horses got upon the track, and were run over by the cars and engines of the defendant, and thereby…
1Opinion of the CourtChief Justice Walker
It is insisted that appellee was not entitled to recover because he averred in his declaration that he had not, as the proprietor of the lands, erected, or agreed to erect, the fence required by the act of 1855 (Scates’ Comp. 953), when the proof shows that he did erect the fence. It also appears that the company fully admitted and recognized their liability to erect and maintain this fence, when they employed appellee, for them and with their materials furnished for the purpose, to erect the fence, and for which they paid him the sum agreed between them. Is this such an agreement as the…
2Cases cited1 opinion
- Illinois Central Railroad v. DickersonIllinois Supreme Court · 1861
3Cited by7 opinions
- State v. MathewsSupreme Court of Missouri · 1869
- South Florida Railroad v. WeeseSupreme Court of Florida · 1893
- Hamilton v. Phoenix Ins. Co. of HartfordCourt of Appeals for the Sixth Circuit · 1894
- Antisdel v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Chicago & Northwestern Railway Co. v. BarrieIllinois Supreme Court · 1870
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