Legal Opinion

Delta Electric Co. v. Whitcamp

Appellate Court of Illinois

Decided March 23, 1895PublishedCited by 3 opinions

Trespass on the Case, for injuries to domestic animals. Appeal from the Circuit Court of Alexander County; the Hon. Alonzo K. Vickers, Judge, presiding. Heard in this court at the August term, 1894.

1Opinion of the CourtJustice Sample

The appellee has filed no brief and therefore this cause might be reversed under rule 31 of this court. We have examined the record and find the facts to be, the mule of appellee, which was injured in the collision, was trespassing on appellant’s track. Under this state of facts, the law is the defendant was not liable for the injury unless, first, the act was willful or wanton, or second, that after the animal was discovered to be on the track, the servants of the defendant were negligent. T. P. & W. Ry. Co. v. Barlow, 71 Ill. 640; I. C. R. R. Co. v. Noble, 142 Ill. 578; I. C. R. R. Co. v.…

2Cases cited3 opinions

  1. Illinois Central Railroad v. NobleIllinois Supreme Court · 1892
  2. Toledo, Wabash & Western Railway Co. v. BarlowIllinois Supreme Court · 1874
  3. Illinois Central R. R. v. BeardAppellate Court of Illinois · 1893

3Cited by3 opinions

  1. Borah v. Southern Railway Co.Appellate Court of Illinois · 1917
  2. Chicago & Alton R. R. v. Patterson & JohnsonAppellate Court of Illinois · 1897
  3. St. Louis & San Francisco Railroad v. ZacharyCourt Of Appeals Of Indian Territory · 1899

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