Legal Opinion

Illinois Central Railroad v. Wren

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 18 opinions

Appeal from the Circuit Court of He Witt county; the Hon. John M. Scott, Judge, presiding. This was an action brought by Wren against the Illinois Central Railroad Company, before a justice of the peace, to recover the value of a cow killed by a passing train in the town of Clinton. The plaintiff recovered a judgment before the justice for fifty dollars, from which the defendant took an appeal to the Circuit Court.

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Appeal from the Circuit Court of He Witt county; the Hon. John M. Scott, Judge, presiding. This was an action brought by Wren against the Illinois Central Railroad Company, before a justice of the peace, to recover the value of a cow killed by a passing train in the town of Clinton. The plaintiff recovered a judgment before the justice for fifty dollars, from which the defendant took an appeal to the Circuit Court. In that court a jury was waived and cause tried by the court, and judgment rendered in favor of the plaintiff for forty-five dollars. From this judgment the defendant appealed. The…

1Opinion of the CourtJustice Laweenoe

This was an action brought by Wren against the railroad company to recover the value of a cow killed by a passing train, in the town of Clinton. The suit was originally commenced before a justice and taken by appeal to the Circuit Court, where a jury was waived and the court gave the plaintiff judgment for forty-five dollars.

It is first objected, on behalf of the appellant, that the act of 1857, giving justices of the peace jurisdiction in actions on the case, was not passed by yeas and nays as required by the Constitution, and therefore never became a law. In support of this we are referred…

2Cases cited1 opinion

  1. Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854

3Cited by18 opinions

  1. Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
  2. People ex rel. Partello v. McCulloughIllinois Supreme Court · 1904
  3. Grob v. CushmanIllinois Supreme Court · 1867
  4. Marean v. StanleySupreme Court of Colorado · 1895
  5. Commissioners v. . Packing Co.Supreme Court of North Carolina · 1904

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