Chicago & Alton Railroad v. McDaniels
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. - This was an action on the case brought by the appellee against the appellant to recover the value of a cow alleged to have been killed by the negligence of the appellant.
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Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. - This was an action on the case brought by the appellee against the appellant to recover the value of a cow alleged to have been killed by the negligence of the appellant. The killing, and failure to ring or blow eighty rods from the crossing of the public highway where the cow stood, was not disputed on the trial, but the appellant claimed there was no connection between such failure and the killing, for the reason that the whistle was sounded about forty rods from the crossing, when the cow ran…
1Opinion of the CourtJustice Sheldon
One ground of error assigned on the record in this case, is the giving of the following instruction to the jury, to wit:
“The court instructs the jury for the plaintiff, that omission to ring a bell or sound a whistle at a road crossing is prima facie evidence of negligence, and if the jury believe, from the evidence, that the cow of the plaintiff strayed and got upon the track of the defendant at or near a road crossing at Yatesville, in Morgan county, and that while on said track the train of the plaintiff approached and omitted to ring the bell or whistle the whistle of the locomotive at…
2Cases cited1 opinion
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
3Cited by3 opinions
- Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1883
- Christensen v. Oregon Short Line R. Co.Utah Supreme Court · 1905
- Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.South Dakota Supreme Court · 1901