Illinois Central Railroad v. Finnigan
Illinois Supreme Court
This was an action in case for killing cattle, brought by appellees against appellant, Nov. 27th, 1857. The amended declaration contains the following counts : First count—That defendant was a,n incorporated company, operating a railroad for more than six months before the time when, etc.; that it was the duty of defendant to keep and maintain fences on sides of road, sufficient, etc.; that defendant negligently and carelessly omitted so to do; that the cattle of plaintiffs…
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This was an action in case for killing cattle, brought by appellees against appellant, Nov. 27th, 1857. The amended declaration contains the following counts : First count—That defendant was a,n incorporated company, operating a railroad for more than six months before the time when, etc.; that it was the duty of defendant to keep and maintain fences on sides of road, sufficient, etc.; that defendant negligently and carelessly omitted so to do; that the cattle of plaintiffs for that reason were upon said road, and the cars of said defendant then running on said road, then run upon said cattle…
1Opinion of the CourtBreese, J.
This is an action brought by two plaintiffs, declaring upon their joint ownership of the property killed. The declaration contains three counts. The first is for a liability arising out of neglect in fencing the road, whereby the plaintiff’s cattle straying upon the road, were killed. The second and third counts aver negligence and carelessness in running the trains. There is no proof whatever in support of these counts, as the train was not seen to run over the cattle, and it is only from circumstances it is inferred they were injured and killed by the train.
The first objection is, that…
2Cited by7 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Willis v. City of PerrySupreme Court of Iowa · 1894
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Brady v. JaySupreme Court of Louisiana · 1904
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
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