Chicago, Rock Island & Pacific Railway Co. v. Huggins
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by J. L. Huggins against the Chicago, Rock Island & Pacific Railway Company to recover for cattle killed by defendant's train. Judgment for plaintiff. Defendant appeals. The plaintiff below (appellee here) began suit against the Chicago, Rock Island & Pacific Railway Company, appellant, before H. M. Wolverton, United States commissioner at Ryan, Ind.
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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by J. L. Huggins against the Chicago, Rock Island & Pacific Railway Company to recover for cattle killed by defendant's train. Judgment for plaintiff. Defendant appeals. The plaintiff below (appellee here) began suit against the Chicago, Rock Island & Pacific Railway Company, appellant, before H. M. Wolverton, United States commissioner at Ryan, Ind. Ter., on July 3, 1896, for killing two three year old steers by a train near Addington, Ind. Ter., and claimed damages in the sum of $60. Summons was…
1Opinion of the CourtRaymond, J.
In order that plaintiff may recover in this kind of an action, there must not only be proof of the killing of the stock, but that the’ killing resulted from the lack of ordinary care on the part of the servants of the railway company. If there is no negligence, there is no liability. Prooffof the killing of the stock is not sufficient. The plaintiff must go further. ■ He must aver and prove negligence on the part of the railroad company. “The burden of proof is on him who complains of negligence.” , Pol. Torts, p. 545. “Negligence in the; management and running of a train is not made out by…
2Cases cited15 opinions
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Toledo, Wabash & Western Railway Co. v. JonesIllinois Supreme Court · 1875
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
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3Cited by4 opinions
- Richards v. Oregon Short Line RailroadUtah Supreme Court · 1912
- St. Louis S. F. R. Co. v. McClellandSupreme Court of Oklahoma · 1912
- Missouri, K. & T. Ry. Co. v. McCoyCourt Of Appeals Of Indian Territory · 1907
- Missouri, Kansas & Texas Railway Co. v. WebbCourt Of Appeals Of Indian Territory · 1906