Chicago & Alton Railroad v. Saunders
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Chaeles S. Zaee, Judge, presiding. This was an action on the case, by Jonathan E. Saunders, against the Chicago and Alton Eailroad Company, to recover damages for the killing of plaintiff’s horses on defendant’s road. It was admitted, on the trial, that the defendant corporation owned the road formerly known as the Chicago and Mississippi railroad, and succeeded to its property.
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Appeal from the Circuit Court of Sangamon county; the Hon. Chaeles S. Zaee, Judge, presiding. This was an action on the case, by Jonathan E. Saunders, against the Chicago and Alton Eailroad Company, to recover damages for the killing of plaintiff’s horses on defendant’s road. It was admitted, on the trial, that the defendant corporation owned the road formerly known as the Chicago and Mississippi railroad, and succeeded to its property. The plaintiff read in evidence a deed, dated September 15, 1852, from Jonathan E. Saunders and wife to the Chicago and Mississippi Eailroad Company, in and by…
1Opinion of the Court
Per Cubiam:
The evidence does not show negligence by the defendant’s servants in running and operating its train, whereby the plaintiff’s horses were killed. From the evidence, they seem to have done all that could have been done, after the peril of the horses was discovered, to have reasonably avoided injuring them.
The horses got upon the track through an opening made in the fence by persons in the employ of the Springfield and Northwestern Railroad Company. This occurred late in the evening of Saturday, the 22d of November, 1874, and the horses were killed by a freight train passing north,…
2Cases cited1 opinion
- Illinois Central Railroad v. SwearingenIllinois Supreme Court · 1868
3Cited by6 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DuganIndiana Court of Appeals · 1898
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Smith v. Baltimore & Ohio Chicago Terminal RailroadAppellate Court of Illinois · 1913
- West Chicago St. R. R. Co. v. KleckaAppellate Court of Illinois · 1901
- Chicago & Alton R. R. v. Patterson & JohnsonAppellate Court of Illinois · 1897
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