Toledo, Peoria & Warsaw Railway Co. v. Rumbold
Illinois Supreme Court
Appeal from the County Court of Livingston county; Hon. Jonathan Duff, Judge, presiding. This was an action on the case, brought 26th May, 1865, by Robert Rumbold against the Toledo, Peoria and Warsaw Railway Company, to recover damages for the killing of a mare and two colts, by a locomotive and train on the track of said railroad company.
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Appeal from the County Court of Livingston county; Hon. Jonathan Duff, Judge, presiding. This was an action on the case, brought 26th May, 1865, by Robert Rumbold against the Toledo, Peoria and Warsaw Railway Company, to recover damages for the killing of a mare and two colts, by a locomotive and train on the track of said railroad company. At the June Term, 1864, the railroad company made a motion for a continuance, based on an affidavit, which alleged that by means of certain absent witnesses, the company could prove that the stock was killed by a train of the Illinois Central Railroad…
1Opinion of the CourtJustice Breese
This was an action on • the case brought in the Livingston County Court by Robert Rumbold, against the Toledo, Peoria .and Warsaw Railway Company, for damages in killing a mare and two colts by the trains and locomotives moving upon that road. The accident was alleged to have occurred in consequence of the road not being fenced.
A motion was made by the company to continue the cause on account of the absence of material witnesses who were in charge of the train by which the animals were killed, and by whom they could prove that they were killed by a train operated by the Illinois Central…
2Cases cited1 opinion
- Illinois Central Railroad v. KanouseIllinois Supreme Court · 1866
3Cited by7 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Fontaine v. Southern Pac. R.R.California Supreme Court · 1880
- New York Central Railroad v. Chicago & Eastern Illinois Railway Co.Supreme Court of Missouri · 1950
- Chicago & W. I. R. R. v. DoanAppellate Court of Illinois · 1901
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