Chicago & Rock Island Railroad v. Still
Illinois Supreme Court
APPEAL EROM LA SALLE. This was an action on the case commenced by Still against the railroad company. First count alleges that, on the 28th day of April, 1856, plaintiff was the owner of a two-horse wagon and two horses, and was driving along a public highway which crossed the railroad of the defendant; that the defendant, by its servants, then and there so carelessly, unskillfully and improperly drove, governed, managed and directed their steam carriages, locomotives and…
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APPEAL EROM LA SALLE. This was an action on the case commenced by Still against the railroad company. First count alleges that, on the 28th day of April, 1856, plaintiff was the owner of a two-horse wagon and two horses, and was driving along a public highway which crossed the railroad of the defendant; that the defendant, by its servants, then and there so carelessly, unskillfully and improperly drove, governed, managed and directed their steam carriages, locomotives and railroad cars, that by and through the carelessness, negligence, unskillfulness and improper conduct of said defendant,…
1Opinion of the CourtWalker, J.
From the record in this case, it appears the collision took place at a point where a public highway crosses appellant’s railroad track, and that appellee was, at the time, driving a two-horse team and wagon across their-railroad track on the public highway, when their cars and engines were running on the road, struck appellee’s team and killed his horses. The parties were each lawfully and of right traveling their several roads. They had a right to exercise this privilege, in any manner and at all times, without either interfering with or depriving the other of their legal privileges. In the…
2Cited by30 opinions
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- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Flemming v. W. Pac. R.R.California Supreme Court · 1874
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
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