Logansport, Peoria & Burlington R. R. v. Caldwell
Illinois Supreme Court
Writ of Error to the Circuit Court of Iroquois County. This was an action brought by appellee against appellant for a cow alleged to have been killed on its Railroad. The case was tried before a justice of the peace, and appealed to the Circuit Court, where a trial by jury was had, and a verdict for thirty dollars and costs of suit found for defendant in error, upon which judgment was rendered, and plaintiff in error now prosecutes its writ of error to this court.
1Opinion of the CourtJustice Breese
This was an action by the appellee against appellants for killing a cow on their Railroad.
The only question presented by the record is, as to the refusal of the court to give the instruction asked by appellants. The court instructs the jury on the part of the defendants, that they must believe, from the evidence, that the cow got on the track of the Railroad at some other place than at a common or public road crossing, and if they believe the cow got on the track at the crossing, about two hundred yards east of where she was killed, then the law is for defendants.
This instruction .is not very…
2Cases cited1 opinion
- Ohio & Mississippi Railroad v. TaylorIllinois Supreme Court · 1862
3Cited by2 opinions
- Railroad v. HughesTennessee Supreme Court · 1895
- Toledo, Peoria & Warsaw Railway Co. v. EastburnIllinois Supreme Court · 1870