Illinois Central Railroad v. Reedy
Illinois Supreme Court
This was an action of trespass begun before a justice of the peace, for killing a steer, by the train of the defendant, running upon the railroad in LaSalle county. Judgment was rendered for the plaintiff below, for twenty-five dollars and costs. The case was taken by appeal to the LaSalle County Court. The case was submitted to H. G-. Cotton, Judge, of the County Court, without the intervention of a jury, who gave judgment for Reedy for thirty dollars and costs.
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This was an action of trespass begun before a justice of the peace, for killing a steer, by the train of the defendant, running upon the railroad in LaSalle county. Judgment was rendered for the plaintiff below, for twenty-five dollars and costs. The case was taken by appeal to the LaSalle County Court. The case was submitted to H. G-. Cotton, Judge, of the County Court, without the intervention of a jury, who gave judgment for Reedy for thirty dollars and costs. The railroad company thereupon brought the case to the Supreme Court. There was but one witness examined, who testified that he was…
1Opinion of the Court
Catón, J.
I think, very clearly, the motion to dismiss for want of jurisdiction should have been sustained. The proper form of action was not trespass, vi et armis, but trespass on the case for the negligence of the servants of the company, of which a justice of the peace has no jurisdiction. Trespass only lies where the party sued does the act directly, or orders it to be done, which produces the injury complained of. There can be no pretence that such was the case here. What did the defendant below do ? It built a railroad and put a train of cars upon it, and appointed an engineer and…
2Cases cited1 opinion
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
3Cited by14 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
- Union Pac. Ry. Co. v. NovakCourt of Appeals for the Ninth Circuit · 1894
- Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1870
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