Rockford, Rock Island & St. Louis Railroad v. Linn
Illinois Supreme Court
Appeal from the Circuit Court of Schuyler county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action brought by D. C. Linn, against the Eockford, Eock Island and St. Louis Eailroad Company, before a justice of the peace, for the killing of plaintiff’s mare by the defendant’s train. The cause was taken to the circuit court by appeal, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for $80 and costs. The defendant appealed.
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Appeal from the Circuit Court of Schuyler county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action brought by D. C. Linn, against the Eockford, Eock Island and St. Louis Eailroad Company, before a justice of the peace, for the killing of plaintiff’s mare by the defendant’s train. The cause was taken to the circuit court by appeal, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for $80 and costs. The defendant appealed. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtJustice Thornton
The only question in this case is, whether the neglect to ring the bell or sound the whistle caused the injury. No other negligence on the part of the company was proved.
In the determination of this question we shall consider the plaintiff’s evidence alone, and disregard the testimony in favor of the company, except as it may be used in behalf of the plaintiff.
The ease of Chicago, B. and Q. R. R. Co. v. Cauffman, 38 Ill. 424, is claimed to be directly in point and conclusive of this case. There is a distinguishing feature between the cases. In the case cited the engineer and fireman both saw…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. CauffmanIllinois Supreme Court · 1865
3Cited by6 opinions
- Furst-Edwards v. St. Louis S. W. Ry. Co.Court of Appeals of Texas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. HugginsCourt Of Appeals Of Indian Territory · 1902
- Peoria, Decatur & Evansville Railway Co. v. FoltzAppellate Court of Illinois · 1883
- Toledo, Wabash & Western Railway Co. v. McGinnisIllinois Supreme Court · 1874
- Chicago & North-Western Railway Co. v. CarpenterAppellate Court of Illinois · 1892
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