Chicago, Burlington & Quincy Railroad v. Hans
Illinois Supreme Court
Appeal from the Appellate Court for the Third District heard in that court on appeal from the Circuit Court of Adams county; the Hon. John H. Williams, Judge, presiding. The cow of appellee, running at large, strayed upon the railroad track of appellant in the night time, and was injured by a passing locomotive and train. The railroad track was duly fenced on both sides, except at a station called Marblehead. Here there was a fence all along one side of the track.
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Appeal from the Appellate Court for the Third District heard in that court on appeal from the Circuit Court of Adams county; the Hon. John H. Williams, Judge, presiding. The cow of appellee, running at large, strayed upon the railroad track of appellant in the night time, and was injured by a passing locomotive and train. The railroad track was duly fenced on both sides, except at a station called Marblehead. Here there was a fence all along one side of the track. On the other side was a railroad depot and passenger house, and about twelve feet north of the depot was a coal house. Between the…
1Opinion of the CourtJustice Dickey
This ease turns upon the construction of our statute. Looking at the evil sought to be remedied and the means prescribed by the statute, we can not believe that the legislature intended by that act to require that all stations and depots should be fenced in, except such as might stand in public roads, or within the limits of some part of a village, town or city which had been platted into lots and blocks. The statute, by its terms, relates to the road or tn'acks of the railroad. It ought not to be construed so as to embrace that which is not embraced in the statute, and depots and stations…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railroad v. DumserIllinois Supreme Court · 1884
- Jeffersonville, Madison, & Indianapolis Railroad v. BeattyIndiana Supreme Court · 1871
- Swearingen v. M., K. & T. R. R.Supreme Court of Missouri · 1876
- Chicago & Grand Trunk Railway Co. v. CampbellMichigan Supreme Court · 1882
- Huey v. HueySupreme Court of Iowa · 1868
3Cited by17 opinions
- Chicago & Eastern Illinois Railroad v. GuertinIllinois Supreme Court · 1886
- Toledo, St. Louis & Kansas City Railroad v. FranklinIllinois Supreme Court · 1895
- Cleveland, C., C. & St. L. R. Co. v. UmphenourAppellate Court of Illinois · 1895
- Louisville, Evansville & St. Louis Consolidated Railroad v. ScottAppellate Court of Illinois · 1890
- Wabash Railroad v. HowardAppellate Court of Illinois · 1895
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