McGrath v. Chicago & Alton R. R.
Appellate Court of Illinois
Trespass on the Case. — Appeal from the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Heard in this court at the May term, 1900.
1Opinion of the Court
Mb. Presiding Justice Harker
delivered the opinion of the court.
Appellant’s servant was engaged loading manure into a wagon to which a team of horses was attached, in close proximity to a barbed wire fence which separated appellant’s corn field from appellee’s right of way. The horses became frightened at some noise' in the corn field and, in running from it, one of them became entangled in a loose wire of the fence and was badly injured. In a suit to recover damages against the railroad company on the ground of negligence in allowing the fence to get out of repair and the wire to remain…
2Cited by1 opinion
- Gray v. PflanzAppellate Court of Illinois · 1950