Great Western Railroad v. Geddis
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an action on the case instituted in the court below, by James Geddis against The Great Western Railroad Company of 1859, to recover damages for the running over and killing of a mare of the plaintiff, by a locomotive of the company.
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Appeal from the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an action on the case instituted in the court below, by James Geddis against The Great Western Railroad Company of 1859, to recover damages for the running over and killing of a mare of the plaintiff, by a locomotive of the company. The ground upon which the recovery was sought, was the alleged negligence on the part of the employees of the company, in not ringing a bell or blowing a whistle upon the train at and within eighty rods of a road crossing, at which the mare was killed. An issue was…
1Opinion of the CourtChief Justice Walker
The record in this case shows that appellee’s mare was killed by an engine on appellants’ road, at a public road crossing. There was some conflict as to whether the bell was rung for the distance required by the law, before reaching the road crossing at which the animal was killed. A witness, standing at the time near the place, and having a full view of the occurrence, and looking at the train as it passed, is positive that the bell was not rung when the crossing was reached; A witness who was on the train at the time, is of the same opinion, and another person, also on the train, is of the…
2Cases cited2 opinions
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
- Illinois Central Railroad v. GoodwinIllinois Supreme Court · 1863
3Cited by4 opinions
- Howenstein v. Pacific R. R.Supreme Court of Missouri · 1874
- St. Louis, Jacksonville & Chicago Railroad v. TerhuneIllinois Supreme Court · 1869
- St. Louis, Iron Mountain & Southern Railway v. HendricksSupreme Court of Arkansas · 1890
- Mobile & Ohio Railroad v. MaloneSupreme Court of Alabama · 1871