Porter v. Illinois Southern Railway Co.

— This is a suit for damages alleged to have accrued to the plaintiffs by reason of animals escaping from the unfenced railroad right of way of defendant into the plaintiffs’ fields, and destroying their crops. Plaintiffs recovered and the defendant appealed.

The first point for consideration relates to the sufficiency of the statement of the cause of action. The cause originated before a justice of the peace and the petition is somewhat informal, as is usual in those courts. Notwithstanding the informalities, we are of opinion that it contains averments of material facts sufficient to…