Toledo, Wabash & Western Railway Co. v. Chapin
Illinois Supreme Court
Appeal.from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This action was originally brought before a justice of the peace, by C. O. Chapin, the appellee, against the Toledo, Wabash and Western Eailway Company, to recover for the killing of a cow, and taken by appeal to the circuit court, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for $81.75. The facts of the case are stated in the opinion of the…
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Appeal.from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This action was originally brought before a justice of the peace, by C. O. Chapin, the appellee, against the Toledo, Wabash and Western Eailway Company, to recover for the killing of a cow, and taken by appeal to the circuit court, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for $81.75. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtJustice Breese
This was an action on the case, against the Toledo, Wabash and Western Eailway Company, to recover damages for the alleged killing of a cow by a locomotive of appellant.
The only question is, was the killing at a place where, by law, the railway company was required to erect a fence ?
The track at Chapin, where the accident occurred, is so constructed that one of the switches is placed outside of the limits of the village as platted, but so located that it could not be reached by teams for loading and unloading if there was a fence erected there. It is open public ground, or so used by the…
2Cases cited1 opinion
- Illinois Central Railroad v. WilliamsIllinois Supreme Court · 1861
3Cited by3 opinions
- Gallagher v. New York & New England RailroadSupreme Court of Connecticut · 1889
- Toledo, Wabash & Western Railway Co. v. SpanglerIllinois Supreme Court · 1874
- Atchison, Topeka & Sante Fé Railroad v. ShaftSupreme Court of Kansas · 1885