Great Western Railroad v. Hanks
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an action on the case brought by the appellee against the appellant to recover the value of a steer killed by the latter. The suit was brought under the statute requiring railways to fence their roads within six months after opening their lines.
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Writ of Error to the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an action on the case brought by the appellee against the appellant to recover the value of a steer killed by the latter. The suit was brought under the statute requiring railways to fence their roads within six months after opening their lines. The defendant below demurred to the declaration, and the court overruling the demurrer, the defendant abided by it, and damages were assessed for the value of the steer. The defendant appealed. The points made by his counsel are stated in the…
1Opinion of the CourtJustice Lawrence
This was an action for killing a steer, brought by the appellee against the appellant, under the statute to be found on page 953 of Scates’ Compilation, requiring railway companies to fence -their roads. The appellant demurred to the declaration, the demurrer was overruled, and there was final judgment against the appellant, who abided by the" demurrer. The only questions .before us relate to the sufficiency of the .declaration.
It is objected, first, that there is not a sufficient averment that the road had been open for use six months. The declaration, after the ordinary preamble, proceeds…
2Cases cited1 opinion
- Lee v. QuirkIllinois Supreme Court · 1858
3Cited by8 opinions
- Lane v. BellCourt of Appeals of Texas · 1909
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- People Ex Rel. Illinois Armory Board v. KellyIllinois Supreme Court · 1938
- Alsop v. Ohio & Mississippi Railway Co.Appellate Court of Illinois · 1886
- Benner v. SchmidtAppellate Court of Illinois · 1892
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