Chicago & Rock Island Railroad v. Crandall
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit commenced before a justice of the peace in Bureau county, by Harriet Crandall, against the Chicago and Rock Island Railroad company, to recover a claim of eighty-six dollars for cattle belonging to the plaintiff, and alleged to have been killed by a train of the company upon their road.
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Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit commenced before a justice of the peace in Bureau county, by Harriet Crandall, against the Chicago and Rock Island Railroad company, to recover a claim of eighty-six dollars for cattle belonging to the plaintiff, and alleged to have been killed by a train of the company upon their road. The cause was removed into the Circuit Court by appeal, where a trial resulted in a verdict and judgment for the plaintiff. The railroad company brings the cause to this court by appeal. The only…
1Opinion of the CourtJustice Breese
This record presents no question óf law for our consideration. The only point of any importance is, the refusal of the court to set aside the verdict and grant a new trial for the alleged insufficiency of the evidence.
There was testimony on both sides as to the sufficiency of the fence, and as to the point where probably the cattle got on to the railroad. If at the point testified to by Ziegler and others, at that point the fence was defective and insufficient to prevent cattle getting on to the road. If at another point which other witnesses thought was the point, the fence was sufficient.…
2Cases cited4 opinions
- Chicago & Rock Island Railroad v. HutchinsIllinois Supreme Court · 1864
- French v. LowryIllinois Supreme Court · 1857
- Sullivan v. DollinsIllinois Supreme Court · 1851
- Bloomer v. DenmanIllinois Supreme Court · 1850