Rockford, Rock Island & St. Louis Railroad v. Connell
Illinois Supreme Court
Appeal from the Circuit Court of Schuyler county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action on the case, by Thomas B. Connell against the Rockford, Rock Island and St. Louis Railroad Company, for the killing of a mule of the plaintiff. The facts of the case are stated in the opinion. Verdict and judgment for the plaintiff for $140, and the defendant appealed.
1Opinion of the CourtJustice Scott
The evidence shows appellant’s road was not open for use six months prior to the date of killing the stock, and if the company is liable at all it must be on account of the negligence of the agents and servants in charge of the train.
In the C. and N. W. R. R. Co. v. Barrie, 55 Ill. 226, it was said, “the law requires evidence beyond proof of the killing of stock on the road by the engine and carriages of the company, to create a liability for the death of the stock. There must be' proof of negligence on the part of the agents and servants of the company in charge of the train at the time. The…
2Cases cited1 opinion
- Chicago & Northwestern Railway Co. v. BarrieIllinois Supreme Court · 1870
3Cited by2 opinions
- Peoria, Decatur & Evansville Railway Co. v. AtenAppellate Court of Illinois · 1892
- Peoria, Decatur & Evansville Railroad v. DuganAppellate Court of Illinois · 1882