Terre Haute & Ind. R. R. v. McCullough
Appellate Court of Illinois
Trespass on the Case, for killing domestic aidmals. Appeal from the County Court of HeWitt County; the Hon. George K. Ingham, Judge, presiding. Heard in this court at the November term, 1895.
1Opinion of the Court
Opinion per Curiam.
A train of the appellant company ran upon and killed certain cattle belonging to the appellee. Judgment was rendered against it for their value and for attorney’s fees, from which this appeal.
The cattle came upon the track of the railroad at a public road crossing, which was not provided with cattle guards.
The company maintained a switch there and stopped its trains when signaled to do so. There was there a grain elevator, stock pens, blacksmith shop, dwelling house and some corn-pens, constituting a small village, not incorporated, called Tabor.
The defense sought to be…
2Cases cited2 opinions
- Atchison, Topeka & Santa Fe Railroad v. ElderIllinois Supreme Court · 1894
- Lake Erie & Western Railroad v. J. C. Beam & SonAppellate Court of Illinois · 1895