Frew v. Illinois Central Railroad
Appellate Court of Illinois
Memorandum.—Action of damages by fire. In the Circuit Court of Ford County; the Hon. Alfred Sample, Judge, presiding. Declaration in case; plea of not guilty and tender; trial by jury; verdict, “ We, the jury, find the issue of tender for the defendant, and find the defendant not guilty.” Judgment; appeal by plaintiff. Heard in this court at the November term, 1894, and affirmed.
1Opinion of the Court
Mb. Presiding Justice Wall
delivered the opinion of the Court.
The appellant brought this action on the case against the appellee to recover damages sustained by fire escaping from, a locomotive which fell upon the right of way and spread thence to the premises of appellant.
The appellee tendered forty-five dollars and the cost then accrued, but the appellant refused to accept it, and the only question of fact was whether the damages sustained exceeded the sum so tendered. This issue was -found by the jury in favor of the appellee.
The appellant claimed that the fire destroyed, among other…
2Cited by3 opinions
- Toledo, St. Louis & Western Railroad v. BealsAppellate Court of Illinois · 1907
- Goebel v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1909
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