Galena & Chicago Union Railroad v. Griffin
Illinois Supreme Court
Appeal from the Circuit Court of the county of Whiteside; the Hon. W. W. HeatoN, Judge, presiding. This was an action, originally commenced before a justice of the peace in the county of Whiteside, by Thomas Griffin, against the Galena and Chicago Union [Railroad Company, to recover damages for running a train upon, and hilling, a colt belonging to the plaintiff. The justice rendered a judgment against the company, who took an appeal therefrom to the Circuit Court.
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Appeal from the Circuit Court of the county of Whiteside; the Hon. W. W. HeatoN, Judge, presiding. This was an action, originally commenced before a justice of the peace in the county of Whiteside, by Thomas Griffin, against the Galena and Chicago Union [Railroad Company, to recover damages for running a train upon, and hilling, a colt belonging to the plaintiff. The justice rendered a judgment against the company, who took an appeal therefrom to the Circuit Court. It appeared from the evidence upon the trial in the Circuit Court, that while a passenger train was approaching the depot…
1Opinion of the Court
Mr. Justioe WaleeR
delivered the opinion of the Court.
In this case a motion for a new trial was entered, which was overruled by the court. It is insisted by appellants, that appellee wholly failed, on the trial below, to show negligence on the part of the company. It appears from the evidence, that the colt was killed on the depot grounds, where they are not required to fence their track. It ran upon the road, from behind a building so near the road that it could not be seen, by the engineer in time to check the train. Before it could be seen, it was within a few feet of the engine. It also…
2Cited by5 opinions
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- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Chicago, B. & Q. R. v. HoganNebraska Supreme Court · 1890
- Atchison, Topeka & Sante Fé Railroad v. ShaftSupreme Court of Kansas · 1885
- Richmond & Danville R. R. v. NoellSupreme Court of Virginia · 1889