Legal Opinion

Baltimore & O. S. W. Ry. Co. v. Wheeler

Appellate Court of Illinois

Decided March 7, 1896PublishedCited by 2 opinions

Trespass on the Case, for killing domestic animals. Appeal from the Circuit Court of Wayne County; the Hon. Carroll C. Boggs, Judge, presiding. Heard in this court at the August term, 1895.

1Opinion of the CourtJustice Scofield

Appellant’s main track runs nearly parallel with a certain public highway at Mill Shoals, and a side track leads from the main track to the public highway, a distance of about 360 feet, and thence across the public highway to a stave factory, which is about one-fourth of a mile from the main track. ■ On September 1, 1894, appellant’s servants, in charge of a freight train, undertook to place two freight cars on. the side track near the stave factory, and the engine was made to kick the two cars down the side track. Appellee, with wagon and team, was crossing the track on the public highway,…

2Cited by2 opinions

  1. Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
  2. McInturff v. Insurance Co. of North AmericaAppellate Court of Illinois · 1910

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