Toledo, St. Louis & Kansas City Railroad v. Franklin
Appellate Court of Illinois
Memorandum.—Action for killing domestic animals. Appeal from the Circuit Court of Fayette County; the Hon. Robert B. Shirley, Judge, presiding. Heard in this court at the February term, 1894, and affirmed. Statement oe the Case. This was a suit brought in justice’s court by appellee against appellant, to recover the value of a horse which was struck, and killed on defendant’s track, upon a bridge, by the engine of a moving train operated by the servants of defendant.
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Memorandum.—Action for killing domestic animals. Appeal from the Circuit Court of Fayette County; the Hon. Robert B. Shirley, Judge, presiding. Heard in this court at the February term, 1894, and affirmed. Statement oe the Case. This was a suit brought in justice’s court by appellee against appellant, to recover the value of a horse which was struck, and killed on defendant’s track, upon a bridge, by the engine of a moving train operated by the servants of defendant. The cause was tried on appeal in the court below, where a verdict for $85, as the value of the horse, and §35 as attorney’s…
1Opinion of the CourtJustice Green
The horse got upon defendant’s track at a point beyond the corporate limits. There was no fence or cattle-guard to prevent the animal from passing along the right of way east, over the east line of the town, and getting upon defendant’s track as it did. It was proved, and is not denied, that defendant failed to erect and mantain fences on the sides of its main track “outside of corporate limits, suitable and sufficient to prevent stock from getting on its track outside those limits, and if it had performed this statutory duty by erecting side fences, and fences from there to the track, with…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Peoria, Decatur & Evansville Railway Co. v. SchillerAppellate Court of Illinois · 1883
- Toledo, St. L. & K. C. R. R. v. ThompsonAppellate Court of Illinois · 1892
- Louisville, Evansville & St. Louis Consolidated Railroad v. ScottAppellate Court of Illinois · 1890
- Illinois Central Railroad v. FinneyAppellate Court of Illinois · 1891
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3Cited by2 opinions
- Midland Valley R. Co. v. BryantSupreme Court of Oklahoma · 1913
- Cleveland, C., C. & St. L. R. Co. v. UmphenourAppellate Court of Illinois · 1895