Thompson v. Cleveland, Cin., Chicago & St. Louis Ry. Co.
Illinois Supreme Court
Writ or Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Edgar county; the Hon. James W. Craig, Judge, presiding. The railroad of the defendants in error crosses a certain public highway in Edgar county. On August 4, 1904, there were no proper cattle-guards at this crossing. On said date plaintiff in error was driving a number of calves along the highway.
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Writ or Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Edgar county; the Hon. James W. Craig, Judge, presiding. The railroad of the defendants in error crosses a certain public highway in Edgar county. On August 4, 1904, there were no proper cattle-guards at this crossing. On said date plaintiff in error was driving a number of calves along the highway. When the calves reached the railroad crossing they turned and went a few yards along and upon the railroad right of way. Plaintiff in error followed, and was attempting to…
1Opinion of the CourtChief Justice Scott
Plaintiff in error was on the right of way of defendants in error, attempting to drive his calves to the highway, when he was injured. The calves had reached the right of way as a result of the negligence of defendants in error in failing to provide legal and proper cattle-guards at the crossing. Such negligence, however, cannot be made the basis for recovery by plaintiff in error, as it was not the proximate cause of the injury to him.
Plaintiff in error, under the circumstances, had an implied license to go upon the right of way for the purpose of driving his calves away. While he was upon…
2Cases cited2 opinions
- Illinois Central Railroad v. EicherIllinois Supreme Court · 1903
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
3Cited by12 opinions
- Cox v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1932
- Ingram v. JacksonAppellate Court of Illinois · 1917
- Boehrer v. ThompsonSupreme Court of Missouri · 1949
- Ehrlich v. Chicago Great Western RailroadAppellate Court of Illinois · 1911
- Sperry v. Wabash R.District Court, E.D. Illinois · 1944
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