Peoria, Pekin & Jacksonville Railroad v. McIntire
Illinois Supreme Court
Appeal from the Circuit Court of Mason county; the Hon. James Harriott, Judge, presiding. On the 1st of November, 1863, Mclntire came into the possession of a cow, by having taken her up as an estray, which he posted as such. Subsequently, and while the animal was still in his possession, it was run over and killed by a train of cars on the Peoria, Pekin and Jacksonville railroad.
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Appeal from the Circuit Court of Mason county; the Hon. James Harriott, Judge, presiding. On the 1st of November, 1863, Mclntire came into the possession of a cow, by having taken her up as an estray, which he posted as such. Subsequently, and while the animal was still in his possession, it was run over and killed by a train of cars on the Peoria, Pekin and Jacksonville railroad. Mclntire brought suit against the railroad company for the value of the cow, and, npon a trial of the cause, obtained a judgment, from which the company appealed to this court.
1Opinion of the CourtJustice Breese
This action was originally commenced before a justice of the peace of Mason county, by Alexander Mclntire against the Peoria, Pekin and Jacksonville Railroad Company, under the act of 1855, for killing a cow by one of the engines of that company. A judgment was recovered by Mclntire, and an appeal taken to the Circuit Court of Mason county. On a trial by a jury, the plaintiff had a verdict for twenty dollars. A motion for a new trial was overruled, and an appeal taken to this court.
The points made here are, that the court erred in giving plaintiff’s third instruction, and in overruling the…
2Cited by4 opinions
- Chicago & Northwestern Railway Co. v. ShultzIllinois Supreme Court · 1870
- Hanrahan v. UlrichAppellate Court of Illinois · 1903
- City of Chicago v. Pennsylvania Co.Court of Appeals for the Seventh Circuit · 1902
- McGraw v. PattersonAppellate Court of Illinois · 1893