Cleveland, Cincinnati, Chicago & St. L. Ry. Co. v. Rice
Appellate Court of Illinois
Memcrsuiflirm.—Action for injuries to stock. Appeal from a judgment for the defendant rendered by the Circuit Court of Macoupin Comity; the Hon. James A. Creighton, Circuit Judge, presiding.
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Memcrsuiflirm.—Action for injuries to stock. Appeal from a judgment for the defendant rendered by the Circuit Court of Macoupin Comity; the Hon. James A. Creighton, Circuit Judge, presiding. Instruction referred to in the opinion of the court: The court instructs the jury, that although they may believe from the evidence that the engineer of the defendant’s train saw a number of horses grazing on the defendant’s right of way, near the line of its track, before they came onto the track, then he would not be required to sound the alarm whistle or stop the train (until they came upon the track)…
1Opinion of the Court
Opinion of the Court, the
Hon. George W. Pleasants, Judge.
Appellee recovered judgment below for $225 damages for the loss of two horses killed on the track, and by a train of appellant.
The declaration contained two counts, one charging neglect to erect and maintain sufficient fences, under the statute, and the other carelessness in the management of the train, to which the defendant pleaded not guilty. Just as the trial was about to commence, or just after it commenced, on leave of court obtained over a general objection, plaintiff withdrew the first count, and it is claimed that this left the…
2Cited by1 opinion
- Chicago & Grand Trunk Railway Co. v. KinnareAppellate Court of Illinois · 1904