Illinois Central Railroad v. Williams
Illinois Supreme Court
Williams filed his declaration in case, against the Illinois Central Railroad Company, in the Perry Circuit Court, to recover damages for the loss of a cow, killed on the road of the company in July, A. D. 1856. There were several counts in the declaration, substantially as follows : averring “ that it was in consequence of the negligence of the defendant in not keeping the fence which inclosed the track of said railroad in good repair, and permitting gates and cattle-guards…
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Williams filed his declaration in case, against the Illinois Central Railroad Company, in the Perry Circuit Court, to recover damages for the loss of a cow, killed on the road of the company in July, A. D. 1856. There were several counts in the declaration, substantially as follows : averring “ that it was in consequence of the negligence of the defendant in not keeping the fence which inclosed the track of said railroad in good repair, and permitting gates and cattle-guards to remain open, that said animal entered upon said railroad track, and was killed, whereby,” etc. No averment, in the…
1Opinion of the CourtCaton, C. J.
As this action was brought under the statute, and the negligence charged, is not fencing the road, the declaration is defective in not stating that the place where the accident happened is not within a city, town or village, or at a road crossing, for at those places the company was not bound to maintain a fence, and.it was necessary to show affirmatively, that it was the duty of the company to maintain the fence at the particular place, by negativing all those provisions of the statute exempting it from fencing in particular places.
The court also erred in its instruction, as to what…
2Cited by8 opinions
- Ewing v. Chicago & Alton RailroadIllinois Supreme Court · 1874
- People Ex Rel. County of Du Page v. LoweIllinois Supreme Court · 1967
- State Public Utilities Commission ex rel. Beck v. Toledo, St. Louis & Western RailroadIllinois Supreme Court · 1915
- In re BuieDistrict Court, N.D. Texas · 1923
- Magic v. BasquinGeauga County Court of Common Pleas · 1950
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