Illinois Central Railroad v. Swearingen
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. John M. Scott, Judge, presiding. This was an action on the case brought by Swearingen, against the company to recover the value of three horses of •the plaintiff, killed by a train on defendant’s road, which passed through plaintiff’s land. The fence was seen Saturday afternoon by a section master, and he testifies it was then up. That night, one horse got upon the track and was killed.
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Appeal from the Circuit Court of DeWitt county; the Hon. John M. Scott, Judge, presiding. This was an action on the case brought by Swearingen, against the company to recover the value of three horses of •the plaintiff, killed by a train on defendant’s road, which passed through plaintiff’s land. The fence was seen Saturday afternoon by a section master, and he testifies it was then up. That night, one horse got upon the track and was killed. Sunday night, two other horses got upon the track and were killed. It appears that the place where the stock got on the track was at a place used by the…
1Opinion of the CourtJustice Walker
It is insisted that the first of appellee’s instructions is wrong, and misled the jury. It informs them that they may take the testimony of farmers as to the sufficiency of the fence to turn stock; and it is contended, that there is no evidence in the record that farmers had testified on that question. Even if there was no evidence, from which it might be inferred that a portion of the witnesses were farmers, still we cannot imagine how the jury could have been misled by it. Mor can we infer, as suggested, that the jury would conclude that they were authorized to hear such evidence after they…
2Cited by10 opinions
- Chicago, Burlington & Quincy Railroad v. MageeIllinois Supreme Court · 1871
- Chicago & Northwestern Railway Co. v. BarrieIllinois Supreme Court · 1870
- Chicago & Alton Railroad v. SaundersIllinois Supreme Court · 1877
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Indianapolis & St. Louis Railroad v. HallIllinois Supreme Court · 1878
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