Legal Opinion

Ohio & Mississippi Railroad v. Irvin

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 12 opinions

The plaintiff below sued the defendant for the alleged killing of a cow by the trains of defendant. The cause came before the Circuit Court of Richland county, Kitchell, Judge, presiding, by appeal from a judgment rendered by a justice of the peace. A verdict was recovered in the Circuit Court for the sum of $20. The plaintiff sought to sustain his action upon the statute requiring railroads to fence the lines of their roads.

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The plaintiff below sued the defendant for the alleged killing of a cow by the trains of defendant. The cause came before the Circuit Court of Richland county, Kitchell, Judge, presiding, by appeal from a judgment rendered by a justice of the peace. A verdict was recovered in the Circuit Court for the sum of $20. The plaintiff sought to sustain his action upon the statute requiring railroads to fence the lines of their roads. From the judgment of the Circuit Court the defendant below appeals to this court. The plaintiff below introduced in proof the following testimony : A. Philhour, being…

1Opinion of the CourtCaton, C. J.

This was an action against the railroad company, for killing the plaintiff’s cow. The plaintiff relied not upon the negligence of the defendant in running its locomotive, but upon its neglect to build and maintain a fence, as required by the statute, at the place where the cow was killed. The counsel for the appellant insists, that the proof does not show that at the point where the cow was killed, the company was required by law to keep up a fence. In this we think he is entirely mistaken. The law does not require a stereotyped set of words to be used, in order to prove a case against a…

2Cited by12 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Streeter v. StreeterIllinois Supreme Court · 1867
  3. Rimmer v. WilsonSupreme Court of Colorado · 1908
  4. Sinamaker v. RoseAppellate Court of Illinois · 1896
  5. Ruckman v. Imbler Lumber Co.Oregon Supreme Court · 1902

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