Toledo, St. Louis & Western Railroad v. Needham
Appellate Court of Illinois
Action on the case for injury caused to real property. Appeal from the Circuit Court of Cumberland County; the Hon. James W. Craig, Sr., Judge, presiding. Heard in this court at the May term, 1904.
1Opinion of the CourtJustice Puterbaugh
This action, which was before this court at the Hay term, 1902, (105 App. 25) was brought by appellee against appellant to recover damages for injuries to appellee’s apple orchard, alleged to have been caused by the escaping of sparks of fire from one of appellant’s locomotive engines.
The first trial resulted in a judgment for the plaintiff for $155, which was reversed for the reason that the court admitted improper evidence on behalf of the plaintiff. Upon the second trial the plaintiff recovered judgment for a like sum, from which the defendant again appeals.
It is admitted that the evidence…
2Cases cited1 opinion
- Robrock v. RobrockOhio Court of Appeals · 1956