Illinois Central Railroad v. Tait
Illinois Supreme Court
Appeal from the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. This was an action qui tam, commenced in the Macon county circuit court, and. taken by change of venue to the Circuit Court of De Witt county, to recover the statutory penalty in each case, for seventy alleged violations of the statute requiring a railroad company to ring the hell, or blow the whistle, at public crossings as therein provided.
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Appeal from the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. This was an action qui tam, commenced in the Macon county circuit court, and. taken by change of venue to the Circuit Court of De Witt county, to recover the statutory penalty in each case, for seventy alleged violations of the statute requiring a railroad company to ring the hell, or blow the whistle, at public crossings as therein provided. A trial was had, resulting in a verdict for the plaintiff, and judgment was rendered for thirty-four hundred dollars. The case is brought to this court on appeal…
1Opinion of the CourtJustice Lawrence
This was an action qui tam, brought to recover seventy different penalties for a failure of the railway company to comply with the statute requiring a bell to be rung, or a whistle to be sounded, at the crossings. The jury found for the plaintiff on sixty-eight counts, and rendered a verdict for thirty-four hundred dollars. The court gave judgment, “ that the plaintiff have and recover of and from the said defendant, the sum of thirty-four hundred dollars, his debt so assessed, as aforesaid, and that he have execution therefor.” This judgment is defective. It should have been for a recovery…
2Cases cited1 opinion
- Bradley v. BaldwinSupreme Court of Connecticut · 1824
3Cited by2 opinions
- State v. ParkinsWest Virginia Supreme Court · 1908
- Illinois Central Railroad v. HerrIllinois Supreme Court · 1870