Lee v. Burk
Appellate Court of Illinois
■ Appeal from the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. This action was commenced by appellants against the appellee, to recover damages for the loss of certain native cattle alleged to have died from Texas fever communicated to them by Texas or Cherokee cattle belonging to the appellee.
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■ Appeal from the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. This action was commenced by appellants against the appellee, to recover damages for the loss of certain native cattle alleged to have died from Texas fever communicated to them by Texas or Cherokee cattle belonging to the appellee. The declaration originally filed contained six counts, but a demurrer being sustained to all but the first and sixth counts, a trial was had upon those two alone. A trial resulted in a verdict and judgment for the defendant below, and the plaintiffs bring the record…
1Opinion of the Court
Pillsbury, J".
The counts to which the demurrer was sustained by the court below are substantially like the second and third .counts of the declaration in Salzenstein v. Mavis, 91 Ill. 392, under which it was held no recovery could be had. .This case fully sustains the action of the court below in its judgment upon the demurrer.
The first and sixth counts seek a recovery upon the ground that the defendants, being in possession of Texas or Cherokee cattle, and knowing they would impart disease to native cattle, negligently allowed them to escape and enter the close of the plaintiffs, and mingle…
2Cases cited1 opinion
- Miller v. FitchSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Raab v. FrankIllinois Supreme Court · 2019
- Birket v. WilliamsAppellate Court of Illinois · 1888
- Raab v. FrankIllinois Supreme Court · 2020