Great Western Railroad v. Morthland
Illinois Supreme Court
This was an action of trespass on the case brought by the defendant in error, Morthland, to the November term, 1861, of the Macon Circuit Court. The declaration contains two counts.
Read the full summary
This was an action of trespass on the case brought by the defendant in error, Morthland, to the November term, 1861, of the Macon Circuit Court. The declaration contains two counts. In the first, it is alleged, that on the 16th day of October, 1860, the defendant had possession and control of the “ Great Western Railroad,” and had the right to use and operate the same, and run engines and trains, etc., thereon, and that he did so use the same; that the said road had been open for use more than six months prior to the committing of the grievances, etc.; that it was the duty of defendant to…
1Opinion of the CourtCaton, C. J.
There is a cattle-guard across the railroad at or within a few feet of the eastern limits of the city of Decatur. The evidence does not show, nor is it of the least importance, whether the road was fenced east of this point, for it had no connection with the accident. The evidence leaves no doubt on the mind that the plaintiff’s horse got upon the track where it passes through the commons within the city limits, and when the midnight train going east came along, it became frightened and ran before the engine on the track, until it came to the cattle-guard at the city limits, when it was…
2Cases cited1 opinion
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
3Cited by5 opinions
- Chicago, Rock Island & Pacific Railway Co. v. HugginsCourt Of Appeals Of Indian Territory · 1902
- Louisville & Nashville Railroad v. SheltonAppellate Court of Illinois · 1892
- Mobile & Ohio Railroad v. MooreAppellate Court of Illinois · 1890
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886
- Missouri Pacific Railroad v. LeggettSupreme Court of Kansas · 1882