Central Military Tract Railroad v. Rockafellow
Illinois Supreme Court
plaintiff was possessed of an ox of the value of $100, which ox was then and there lawfully running at large, and the defendant was then and there possessed of a certain railroad, which was uninclosed, and of a steam engine and train of cars then running on said road, and the defendant so carelessly, negligently, unskillfully and improperly drove, governed and directed said engine and cars that, by the carelessness, negligence, unskillfulness and improper conduct of the…
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plaintiff was possessed of an ox of the value of $100, which ox was then and there lawfully running at large, and the defendant was then and there possessed of a certain railroad, which was uninclosed, and of a steam engine and train of cars then running on said road, and the defendant so carelessly, negligently, unskillfully and improperly drove, governed and directed said engine and cars that, by the carelessness, negligence, unskillfulness and improper conduct of the defendant, by its servants, the said engine was driven upon the ox of the plaintiff, and injured him so that he was rendered…
1Opinion of the CourtScates, C. J.
No replication to third plea is copied into the record, but it shows that one was filed, an issue joined, and was tried. This is sufficient to preclude advantage being taken of its absence from the record.
The evidence clearly fails to show gross negligence in plaintiff in killing the ox, and the jury were erroneously instructed as to the degree of diligence required, and the degree of negligence for which they would be liable for damage done to property, circumstanced as the ox was in this case.
The degrees of care or diligence are three, and are well defined and illustrated in Story on…
2Cases cited1 opinion
- Hunscom v. HunscomMassachusetts Supreme Judicial Court · 1818
3Cited by13 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Hronek v. PeopleIllinois Supreme Court · 1890
- Toledo, Wabash & Western Railway Co. v. FossIllinois Supreme Court · 1878
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