Ohio & Mississippi Railroad v. McClelland
Illinois Supreme Court
In March, 1859, plaintiff below filed his declaration in the Circuit Court of Marion county, claiming damages for stock killed by the trains of the railroad company. The declaration was framed upon the statute of 1855, respecting the fencing of the right of way by railroad corporations.
Read the full summary
In March, 1859, plaintiff below filed his declaration in the Circuit Court of Marion county, claiming damages for stock killed by the trains of the railroad company. The declaration was framed upon the statute of 1855, respecting the fencing of the right of way by railroad corporations. Defendant below filed three pleas, the general issue, and two special pleas, actio non, denying any liability under the statute, on the ground that it was no part of the charter of the corporation, not having been asked for, or assented to, by the railroad company, and that by the the terms of its charter,…
1Opinion of the CourtWalker, J.
The appellants became an incorporated company, under an act of the legistature, adopted in 1851. . They organized, constructed their road, and have ever since continued to operate it, under that act of incorporation. On the 14th day of February, 1855, after the completion of their road, the legislature adopted the act requiring all roads in the State then completed and open for use, within six months after its passage, to erect and maintain sufficient fences, on the sides of their roads, to prevent live stock from getting upon their tracks. The act imposes as a penalty for a non-compliance…
2Cases cited2 opinions
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
- Galena v. DillIllinois Supreme Court · 1859
3Cited by22 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Schwuchow v. City of ChicagoIllinois Supreme Court · 1873
- East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
17 more not listed; retrieve them via the Exa API.