Chicago, Burlington & Quincy Railroad v. Cauffman
Illinois Supreme Court
Writ of Error to the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was an action on the case commenced in the court below, in January, 1861, by John M. Cauffman against the Chicago, Burlington and Quincy Railroad Company, to recover damages for the running over and killing of two colts, the property of the plaintiff, by a train upon the road of the defendant, the injury resulting, as was alleged, from the negligence of the servants of…
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Writ of Error to the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was an action on the case commenced in the court below, in January, 1861, by John M. Cauffman against the Chicago, Burlington and Quincy Railroad Company, to recover damages for the running over and killing of two colts, the property of the plaintiff, by a train upon the road of the defendant, the injury resulting, as was alleged, from the negligence of the servants of the company. A trial resulted in a verdict and judgment for the plaintiff. On appeal to this court, that judgment was…
1Opinion of the CourtChief Justice Walker
The first question presented by the assignment of errors, for our consideration, is whether the verdict of the jury is manifestly against the weight of evidence. After a careful examination of all the proof in the case we are not able to perceive that the verdict should be disturbed. All that can be said is that the proof is conflicting and is of that unsatisfactory character which at most may create a doubt as to the correctness of the conclusion at which the jury have arrived. In such a case the jury are, under the law, the judges of the degree of weight that the evidence shall receive.…
2Cases cited1 opinion
- Chicago & Rock Island Railroad v. StillIllinois Supreme Court · 1858
3Cited by6 opinions
- Gowan v. McAdooSupreme Court of Minnesota · 1919
- McKinney v. Port Townsend & Puget Sound Railway Co.Washington Supreme Court · 1916
- McCarthy v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1917
- Rockford, Rock Island & St. Louis Railroad v. LinnIllinois Supreme Court · 1873
- Baltimore & O. S. W. Ry. Co. v. WetmoreAppellate Court of Illinois · 1896
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