Callaway v. Sturgeon
Appellate Court of Illinois
Trespass on the Case, for damages by fire. In the Circuit Court of Fayette County; the Hon. Jacob Fauke, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; error by defendant. Heard in this court at the August term, 1894.
1Opinion of the CourtJustice Green
This suit was brought to recover damages for the destruction of fence rails and damage to meadow of plaintiff by fire, averred to have been caused by sparks and brands of fire thrown from defendant’s locomotive engine. The jury found defendant guilty of the negligence charged, and assessed plaintiff’s damages at $82. For this sum and costs of suit judgment for plaintiff was entered, to reverse which the defendant sued out this Avrit of error. Twelve errors are assigned, and one only seems to be relied on, viz.: That the verdict was against the eAddence and ■ the court erred in refusing to set…
2Cases cited3 opinions
- Chicago & Eastern Illinois Railroad v. GoyetteIllinois Supreme Court · 1890
- St. Louis, Alton & Terre Haute Railroad v. StrotzAppellate Court of Illinois · 1893
- Toledo, St. L. & K. C. R. R. v. KingmanAppellate Court of Illinois · 1893