Toledo, Peoria & Warsaw Railway Co. v. Arnold
Illinois Supreme Court
Appeal from the Circuit Court of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action of trespass on the case, brought by the appellee against the appellants, in the court below, to recover the value of certain stock, alleged to have been killed by the cars of the appellants. A trial was had before the court and a jury, and judgment rendered in favor of the plaintiff, for $475.00. Whereupon the defendants bring the record to this court by appeal.
1Opinion of the CourtJustice Lawrence
It is insisted in this case, in behalf of the railway company, that although the road was not fenced, and had been open and. operated more than six months, yet as six months had not elapsed since it came into the possession of this company, it can not be held-liable. If such a construction were to obtain, the statute would become a dead letter as to any road that might be sold, for a period of six months after the change of ownership. Such a construction can not be tolerated. The statute requires a road to be fenced at the end of six months .after it is opened, and every new owner takes…
2Cited by2 opinions
- Adams v. SmithNew York Supreme Court · 1887
- Brandt v. Joliet & Eastern Traction Co.Appellate Court of Illinois · 1919