Ohio & Mississippi Railway Co. v. Jones
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit brought by Jones against the railroad company to recover the value of a horse alleged to have been killed on the defendant’s road through the negligence of the company.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit brought by Jones against the railroad company to recover the value of a horse alleged to have been killed on the defendant’s road through the negligence of the company. The case was submitted to the circuit court upon the following agreed state of facts : 1. That the plaintiff’s horse, worth $100, was killed by a train on defendant’s railroad, where, by law, it was required to fence, but had neglected so to do. 2. That “An act to prevent domestic animals from running at large in…
1Opinion of the CourtJustice Thornton
The only question presented for determination is, whether the “act to prevent domestic animals from running at large in certain counties,” (Sess. Laws 1867, p. 97,) repealed the law requiring railroads to fence their roads.
The general railroad law requires railway companies to erect and maintain fences on the sides of their road sufficient to prevent horses, etc., from getting on to such railroad; and for neglect so to do, the corporation is rendered liable for any injury to stock done by its agents or engines.
The appellant corporation had not fenced its road at the place where the horse was…
2Cases cited1 opinion
- Chicago & Northwestern Railway Co. v. HarrisIllinois Supreme Court · 1870
3Cited by1 opinion
- Ewing v. Chicago & Alton RailroadIllinois Supreme Court · 1874