Legal Opinion

Chicago, Burlington & Quincy Railway Co. v. Bautsch

Appellate Court of Illinois

Decided October 16, 1906No. Gen. No. 4,695Published

Action commenced before justice of the peace. Appeal from the Circuit Court of JoDaviess county; the Hon. Richard S. Fabraxd, Judge, presiding. Heard in this court at the April term, 1906.

1Opinion of the Court

Mr. Presiding Justice Dibell

delivered the opinion of the court.

Appellant’s railroad runs through appellee’s farm. Appellee sued appellant before a justice and had judgment, and on an appeal to the Circuit Court had a verdict and' judgment for $125 damages and $35 attorney’s fees, from which latter judgment appellant prosecutes this further appeal. Appellee’s proof tended to show that on June 21, 1905, a fire from a passing engine caught in dead grass and dry weeds on the right of way and spread into his meadow west of the railroad, and destroyed standing timothy grass then about ready to be…

2Cases cited4 opinions

  1. West Chicago Street Railroad v. KruegerIllinois Supreme Court · 1897
  2. Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
  3. Cleveland, Cincinnati, Chicago & St. L. Ry. Co. v. StephensIllinois Supreme Court · 1898
  4. Odin Coal Co. v. TadlockIllinois Supreme Court · 1905

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