Chicago, Milwaukee & St. Paul Railroad v. Phillips
Appellate Court of Illinois
Appeal from the Circuit Court of Winnebago county; the Hon. John V. Eustace, Judge, presiding. This was a suit commenced by the appellee against the appellant to recover the value of a colt, the property of appellee, killed by the locomotive of the appellant on its railroad track.
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Appeal from the Circuit Court of Winnebago county; the Hon. John V. Eustace, Judge, presiding. This was a suit commenced by the appellee against the appellant to recover the value of a colt, the property of appellee, killed by the locomotive of the appellant on its railroad track. There is but one count in the declaration, and in that the appellant is charged with killing the colt on’account of actual negligence in running the train, and again, statutory negligence in not fencing the road as the statute requires. A claim is also set up for recovery under the statute requiring roads to be…
1Opinion of the CourtLacey, P. J.
The judgment in this case will have to be reversed on account of the error in the court in giving the 6th instruction on the part of the appellee, and it will not be necessary to notice all other assignments of errors, as on a new trial the court below may correct them, if any.
It will be seen by the two issues presented by the double count charging the appellants with common law negligence and also statutory negligence in not fencing, and by the’evidence and instructions, thatit is impossible to tell which charge the jury found the appellant guilty of and to which act of negligence the death…
2Cases cited3 opinions
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Toledo, Peoria & Warsaw Railway Co. v. BrayIllinois Supreme Court · 1871
- Chicago & Alton Railroad v. KellamIllinois Supreme Court · 1879
3Cited by1 opinion
- Chicago & Alton R. R. v. TruittAppellate Court of Illinois · 1896