Chicago & Mississipi Railroad v. Patchin
Illinois Supreme Court
The declaration in this case averred that plaintiff on the 18th day of June, 1853, up to the institution of this suit; to wit: on the 1st day of September, 1854, at etc., was possessed and the owner of certain stock, to wit: one hog, June 12th, 1853 ; one hog, January, 1854 ; April 17th, 1854, one red cow; May 22nd, 1854, two hogs, and May 27th, 1854, three hogs; then and there being on a certain unenclosed highway, in said county, whereon the track of the said Chicago and…
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The declaration in this case averred that plaintiff on the 18th day of June, 1853, up to the institution of this suit; to wit: on the 1st day of September, 1854, at etc., was possessed and the owner of certain stock, to wit: one hog, June 12th, 1853 ; one hog, January, 1854 ; April 17th, 1854, one red cow; May 22nd, 1854, two hogs, and May 27th, 1854, three hogs; then and there being on a certain unenclosed highway, in said county, whereon the track of the said Chicago and Mississippi railroad is laid out, and used, and kept, etc., and that said company was possessed of certain steam…
1Opinion of the CourtSoates, J.
In case for negligence, defendant recovered $77.50 for killing seven hogs and one cow.
The declaration charges that plaintiffs, by their servants “ so negligently and unskillfully managed and controlled said trains and locomotives, and so ignorantly, negligently and carelessly drove, guided and governed the same, that said locomotives and trains of cars, for want of good and sufficient care and management thereof as aforesaid, then and there struck,” etc.
At the instance of defendant, the court instructed: “ That there is no law that requires the Chicago and Mississippi railroad company to…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Bacon v. PeopleIllinois Supreme Court · 1853
- Morrison v. SilverburghIllinois Supreme Court · 1852
3Cited by28 opinions
- Alvis v. RibarIllinois Supreme Court · 1981
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Walker v. Illinois Central RailroadIllinois Supreme Court · 1905
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