Chicago & Alton Railroad v. Howard
Illinois Supreme Court
Appeal from the Circuit Court of McLean County; the Hon. John M. Scott, Judge, presiding. This was a qui tam action commenced in the court below in the name of George W. Howard, who sued “ as well for the People of the State of Illinois as for himselfj” against the Chicago and Alton Railroad Company.
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Appeal from the Circuit Court of McLean County; the Hon. John M. Scott, Judge, presiding. This was a qui tam action commenced in the court below in the name of George W. Howard, who sued “ as well for the People of the State of Illinois as for himselfj” against the Chicago and Alton Railroad Company. The first count in the declaration is as follows: George W. Howard, by Tipton & Benjamin, attorneys, who sues as well for the people of the State of Illinois, as for himself, in their behalf complains of the Chicago and Alton Bail-road Company, being summoned, &c., of a plea that they, the said…
1Opinion of the CourtChief Justice Walker
This was a qui tarn action for the recovery of various penalties of the railroad company for a failure to ring a bell or sound a whistle at road crossings, in the county of McLean, as required by the statute. The declaration contained twenty counts. Each count contains an averment, that the defendants were the owners of the railroad, situated in part in the county of McLean, over which road they propelled engines and cars, and that their railroad crossed a public highway in the “ county, and that on the day and year aforesaid, the said defendants propelled an engine across said highway,…
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