St. Louis, Jacksonville & Chicago Railroad v. Terhune
Illinois Supreme Court
Appeal from the Circuit Court of Menard county; the Hon. Charles Turner, Judge, presiding. This was an action on the case brought by Terhune against the St. Louis, Jacksonville & Chicago Eailroad Company, to recover for damages resulting from an alleged violation of the statute, imposing upon railroad companies the duty to ring the bell or sound the whistle upon the engine at the crossing of public highways, as therein provided.
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Appeal from the Circuit Court of Menard county; the Hon. Charles Turner, Judge, presiding. This was an action on the case brought by Terhune against the St. Louis, Jacksonville & Chicago Eailroad Company, to recover for damages resulting from an alleged violation of the statute, imposing upon railroad companies the duty to ring the bell or sound the whistle upon the engine at the crossing of public highways, as therein provided. The plaintiff alleged, that by reason of the failure of the defendant to comply with the statute in that regard, two cows, property of the plaintiff, of the value of…
1Opinion of the CourtJustice Walker
The question of the weight of evidence was for the jury, and they having determined it, we will not disturb their finding, unless it is not supported by the proof. It is their province to weigh and reconcile the evidence where it may be done, and if not, then to give it such effect as it is entitled to receive, rejecting such portions as may be unworthy of belief, and giving due weight to such as they may believe to be true. In this case there was a conflict of" evidence as to whether a bell was rung or a whistle sounded for the distance required by law before reaching the road crossing where…
2Cases cited3 opinions
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
- Illinois Central Railroad v. GoodwinIllinois Supreme Court · 1863
- Great Western Railroad v. GeddisIllinois Supreme Court · 1864
3Cited by6 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- St. Louis National Stock Yards v. GodfreyAppellate Court of Illinois · 1902
- Chicago & Joliet Electric Railway Co. v. BarrowsAppellate Court of Illinois · 1906
- Elgin, Joliet & Eastern Railroad v. HoadleyAppellate Court of Illinois · 1905
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