Legal Opinion

Finucane v. Chicago & Eastern Illinois Railroad

Appellate Court of Illinois

Decided November 13, 1909Published

Action in case. Appeal from the Circuit Court of Williamson county; the Hon. W. W. Duncan, Jud'ge, presiding. Heard in this court at the February term, 1909.

1Opinion of the Court

Mr. Presidibg Justice Higbbe

delivered the opinion of the court.

At about two o’clock on the morning of December 25, 1907, a train of the Illinois Central Railroad Company, running south on the tracks of the Chicago & Eastern Illinois Railroad, ran into a drove of horses and mules at Fayville, Illinois, belonging to appellee, killing some and injuring others. Appellee brought suit against both railroad companies, charging in one count of his declaration a failure to erect and maintain fences, and in the second*, a failure to provide suitable cattle-guards to keep stock off the track at a road…

2Cases cited6 opinions

  1. Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
  2. Chicago, Milwaukee & St. Paul Railroad v. DumserIllinois Supreme Court · 1884
  3. Illinois Central Railroad v. DavidsonIllinois Supreme Court · 1907
  4. Toledo, St. L. & K. C. R. R. v. ThompsonAppellate Court of Illinois · 1892
  5. Wabash Railroad v. HowardAppellate Court of Illinois · 1895

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