Toledo, Peoria & Warsaw Railway Co. v. Pence
Illinois Supreme Court
Appeal from the Circuit Court of Henderson county; the Hon. Arthur A. Smith, Judge, presiding. This was an action, brought by Philip Pence, against the Toledo, Peoria and Warsaw Railway Company, to recover damages for the killing of plaintiff’s cow.
1Opinion of the CourtChief Justice Breese
This case, in all important respects, is identical with that of The Toledo, Peoria and Warsaw Railway Company v. Pence, 68 Ill. 524.
In answer to the argument of appellant, that it might be technically true that John Paul, the owner of the land, had not agreed to build the fence, it probably was the fact, nevertheless, that he had received compensation for fencing when the right of way was obtained through his land. It may be urged that this probability might have been rendered certain by appellant, whose duty it was to establish the fact, if it existed. The onus was upon it.
There is one point…
2Cases cited2 opinions
- Toledo, Peoria & Warsaw Railway Co. v. PenceIllinois Supreme Court · 1873
- Linder v. Monroe's ExecutorsIllinois Supreme Court · 1864
3Cited by6 opinions
- Redner v. DavernAppellate Court of Illinois · 1891
- Bullock v. CarpenterAppellate Court of Illinois · 1878
- Lennox v. HarshAppellate Court of Illinois · 1897
- Meyer v. HellandColorado Court of Appeals · 1893
- Meyer v. HellandColorado Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.