Galena & Chicago Union Railroad v. Crawford
Illinois Supreme Court
This was an action on the case, brought by the appellee against the appellant, under the act of 1855, entitled “ An act to regulate the duties and liabilities of railroad companies,” for killing a mare, which the appellee claims got upon the railroad track over an insufficient cattle guard. The mare was depastured on the public highway by Crawford, and, as is claimed by Mm, she strayed from the public highway on to the railroad track, over an insufficient cattle guard.
Read the full summary
This was an action on the case, brought by the appellee against the appellant, under the act of 1855, entitled “ An act to regulate the duties and liabilities of railroad companies,” for killing a mare, which the appellee claims got upon the railroad track over an insufficient cattle guard. The mare was depastured on the public highway by Crawford, and, as is claimed by Mm, she strayed from the public highway on to the railroad track, over an insufficient cattle guard. The suit was commenced at February term, A. D. 1861, of the Winnebago court, and was tried at the same term, and resulted in…
1Opinion of the CourtWalker, J.
It is objected that the act of February 14,1855, is in violation of the vested charter rights of appellant, and is therefore unconstitutional and void. This question was fully considered by the court in the case of The Ohio and Mississippi Railroad v. McClelland, ante, 140, where it was held that this act was fully warranted by the fundamental law of the State. Being now entirely satisfied with the conclusion then announced, we deem it unnecessary again to discuss the question.
The refusal of the court below to give the seventh instruction asked by appellant, is assigned as error. It asserted…
2Cited by1 opinion
- Chicago & Alton Railroad v. UtleyIllinois Supreme Court · 1865