Illinois Central Railroad v. Middlesworth
Illinois Supreme Court
Appeal from, the Circuit Court of Shelby county; the Hon. Charles Emerson, Judge, presiding. This was an action of trespass on the case brought by Abram Middlesworth, in the Shelby Circuit Court, against the Hlinois Central Railroad company. The declaration contains three counts. The first for negligence, in failing to fence their track, whereby the stock was killed.
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Appeal from, the Circuit Court of Shelby county; the Hon. Charles Emerson, Judge, presiding. This was an action of trespass on the case brought by Abram Middlesworth, in the Shelby Circuit Court, against the Hlinois Central Railroad company. The declaration contains three counts. The first for negligence, in failing to fence their track, whereby the stock was killed. The second and third for killing the plaintiff’s mules, by the negligent management of the engine and cars of the company in operating their road. The plea of the general issue was filed. A trial was had by the court and a jury.…
1Opinion of the CourtChief Justice Walker
A reversal is asked, because the court below refused to give appellant’s fifth instruction. It asserted a correct legal proposition, and should have been given. It informed the jury, that, although the railroad company might have been guilty of ■ negligence in the management of their train, yet, if appellee, was also guilty of a want of proper and reasonable care and prudence on the occasion of the injury, by placing so large a number of mules in an inclosure of the size stated, then, unless the evidence showed that the conduct of the engineer was negligent, and not merely imprudent, the…
2Cited by3 opinions
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- Meyer v. Midland Pacific RailroadNebraska Supreme Court · 1873
- Terre Haute & Indianapolis R. R. Co. v. McCordAppellate Court of Illinois · 1894