Indianapolis & St. Louis Railroad v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William: H. Snyder, Judge, presiding. This was an action on the case, by the appellee, against the appellant, to recover damages for the killing of plaintiff’s mule, by a train of cars, at a public road crossing. The declaration contains three counts, the first of which charges that the injury was caused by a neglect to ring a bell or sound a whistle within eighty rods of the crossing, as required by law.
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Appeal from the Circuit Court of Madison county; the Hon. William: H. Snyder, Judge, presiding. This was an action on the case, by the appellee, against the appellant, to recover damages for the killing of plaintiff’s mule, by a train of cars, at a public road crossing. The declaration contains three counts, the first of which charges that the injury was caused by a neglect to ring a bell or sound a whistle within eighty rods of the crossing, as required by law. The second alleges that the defendant allowed weeds and vegetation to grow on its track and right of way, at the place where the…
1Opinion of the CourtChief Justice Scott
This action was brought to recover the value of a mule killed by a locomotive on appellant’s road. Ko questions of law arise upon the record.
The mule had just escaped from the owner’s inclosure, and was about to pass over the track, when it was struck by the engine, and killed. It was upon a crossing over a highway. At that point, the railroad makes a curve, and, on account of weeds which the company had suffered to grow upon its right of way, the view was so obstructed the mule could not be seen, and was not seen, by the engine-driver or fireman, approaching the track. Had it been seen in…
2Cited by12 opinions
- Chandler v. Illinois Central RailroadIllinois Supreme Court · 2003
- Eames v. T. & N. O. R'y Co.Texas Supreme Court · 1885
- McKinney v. Port Townsend & Puget Sound Railway Co.Washington Supreme Court · 1916
- Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
- Ham v. Maine Central RailroadSupreme Judicial Court of Maine · 1922
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