Ohio & Mississippi Railroad v. Jones
Illinois Supreme Court
This was an action on the case against the Ohio and Mississippi Railroad Company, to recover the value of certain horses killed on the road of the company. The declaration contained four counts inartificially drawn. There was a plea of the general issue, and a recovery by the plaintiff below. The cause was tried before Kitchell, Judge, and a jury, at October term, 1860, of the Clay Circuit Court.
1Opinion of the CourtWalker, J.
To authorize a party to recover for an injury to property, he must show that he is the absolute or qualified owner. Unless he shows himself to be owner of the property, no injury appears to have been inflicted, and he cannot recover. In this case we have examined the record with care, and have been unable to find any evidence which tends in the slightest degree to prove that appellee was the owner or had the possession of the property, for the injury to which a recovery is sought in this case. If he was the owner, it was an affirmative fact easy of proof by possession at least, and in its…
2Cited by4 opinions
- Missouri, Kansas & Texas Railway Co. v. StarrCourt of Appeals of Texas · 1899
- Wabash, St. Louis & Pacific Railway Co. v. NeikirkAppellate Court of Illinois · 1883
- Peoria, Decatur & Evansville Ry. Co. v. PurvianceAppellate Court of Illinois · 1884
- Duggan v. Peoria, Decatur & Evansville Railway Co.Appellate Court of Illinois · 1891