Great Western Railroad of 1859 v. Helm
Illinois Supreme Court
This is an action of trespass on the case brought by defendant in error, Helm, as plaintiff below, against the plaintiff in error, as defendant below,, to the November term, 1861, of the Macon Circuit Court. The declaration filed by defendant in error, contains but one count.
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This is an action of trespass on the case brought by defendant in error, Helm, as plaintiff below, against the plaintiff in error, as defendant below,, to the November term, 1861, of the Macon Circuit Court. The declaration filed by defendant in error, contains but one count. It alleges, that on the 1st day of January, 1860, and from thenceforward to the commencement of the suit, the defendant was possessed, and had entire control of the Great Western Railroad of 1859, and had the right to run upon the same, locomotives and trains. That during all that time it was the duty of defendant to…
1Opinion of the CourtCaton, C. J.
The principal objection to this declaration is, that it does not negative the possibility that the stock may have been killed at a farm crossing. The statute does not exempt the company from fencing their roads at farm crossings, nor does it exempt it from liability for killing stock at such crossings if the road is not there fenced; but it expressly provides that it shall fence at farm crossings, specifying the kind of fence which shall be made at such places; that is to say, bars or gates for the accommodation of the farmers. This specification of the kind of fence does not alter the case…
2Cited by3 opinions
- Bartlett v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
- Walther v. Sierra Railway Co.California Supreme Court · 1903
- Chicago & Alton Railroad v. O'BrienAppellate Court of Illinois · 1889