Ohio & Mississippi Railway Co. v. Eaves
Illinois Supreme Court
* Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of trespass on the case, brought to the October Term, 1865, of the St. Clair Circuit Court, by William Eaves against the Ohio and Mississippi railway company.
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* Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of trespass on the case, brought to the October Term, 1865, of the St. Clair Circuit Court, by William Eaves against the Ohio and Mississippi railway company. The declaration was in the usual form, averring, that, by the negligence of the company, in not ringing a bell or sounding a whistle, as required by law, cattle of the plaintiff of the value of $6uO, were killed. A trial by jury resulted in a verdict for the plaintiff for $300. The evidence adduced, sufficiently appears in…
1Opinion of the CourtJustice Lawbence
This was an action brought by the appellee against the appellant to recover damages for injury to the plaintiff’s cattle. It appears from the record, that the plaintiff and his son were driving about twenty cattle along the highway, being themselves on horseback, and, when the head of the drove had arrived within about thirty yards of the crossing, a |>assenger train passed which frightened and scattered the cattle. The plaintiff and his son had just collected them again together, and got them at about the same point on the highway, when his son said to the plaintiff, that he thought he heard…
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