Toledo, Wabash & Western Railway Co. v. Seitz
Illinois Supreme Court
Writ op Error to the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case, brought by Simon Seitz, against the Toledo, Wabash & Western Eailway Company, under the statute, for neglect of the defendants to fence their track, whereby, it was alleged, injury resulted to a mule, the property of the plaintiff, and claiming damages.
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Writ op Error to the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case, brought by Simon Seitz, against the Toledo, Wabash & Western Eailway Company, under the statute, for neglect of the defendants to fence their track, whereby, it was alleged, injury resulted to a mule, the property of the plaintiff, and claiming damages. On the trial, the issues were found for the plaintiff, and his damages assessed at $100. Whereupon, defendants entered a motion for a new trial, which was overruled and judgment entered for the plaintiff ; to…
1Opinion of the CourtChief Justice Breese
We are of opinion the circuit court made a proper disposition of the motion for a new trial on the ground of newly discovered evidence. The affidavits of the witnesses, Wheeler and White, do not amount to much. Admit that Wheeler would testify that Seitz had traded the injured mule to White, and had received for him and another mule, a horse and $50. That testimony does not tend to prove that the mule was not injured to the extent of $100. Nor does the testimony of White make such a case for the defendants as would compel a jury to find for them.
Seitz was examined as a witness on the trial,…
2Cited by4 opinions
- McDonald v. PeopleIllinois Supreme Court · 1906
- Chicago, Burlington & Quincy Railroad v. SullivanAppellate Court of Illinois · 1886
- McDonald v. PeopleAppellate Court of Illinois · 1905
- Wood v. EchternachIllinois Supreme Court · 1872