Illinois Central Railroad v. Herr

This was originally a suit brought before a justice of the peace, by David Herr, who sued as. well for himself as for the people of the State of Illinois, to recover a penalty against appellants. A trial was had, resulting in favor of appellee, and the cause was removed to the circuit court by appeal. In the circuit court, the case was tried on this agreed state of facts:

“ STATE OF ILLINOIS,) Jo Daviess County, J

In the Circuit Court of said Jo Daviess county. February Term, A. D. 1870.

“David Herr, who sues as well for himself as for The People of the State of Illinois v. The Illinois Central…