Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Hornsby
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit. Court of Macoupin county; the Hon. Bobert B. Shirley, Judge, presiding. This is a suit, brought by the appellee against the appellant company to recover damages for the destruction of certain property upon appellee’s farm by fire and sparks, emitted by an engine on one of appellant’s passing trains.
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Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit. Court of Macoupin county; the Hon. Bobert B. Shirley, Judge, presiding. This is a suit, brought by the appellee against the appellant company to recover damages for the destruction of certain property upon appellee’s farm by fire and sparks, emitted by an engine on one of appellant’s passing trains. A plea of not guilty was filed, and the trial resulted in a verdict and judgment in favor of appellee for §1390.00. Upon appeal to the Appellate Court the judgment, was affirmed; and the…
1Opinion of the CourtChief Justice Magruder
All the facts in the case are settled by the judgment of the circuit court in favor of appellee, and the judgment of the Appellate Court, affirming the judgment of the circuit court. At the close of all the evidence, appellant requested the court to instruct the jury in writing to find the defendant not guilty, and this instruction was refused. Its refusal would present to this court the question whether or not the evidence tends to establish the cause of action. Appellant’s counsel, however, instead of discussing the question as to what the evidence tends' to prove, devotes the greater part…
2Cases cited6 opinions
- Toledo, Peoria & Warsaw Railway Co. v. PindarIllinois Supreme Court · 1870
- Chicago & Alton Railroad v. PennellIllinois Supreme Court · 1880
- First National Bank v. Lake Erie & Western RailroadIllinois Supreme Court · 1898
- Chicago & Eastern Illinois Railroad v. GoyetteIllinois Supreme Court · 1890
- Louisville, Evansville & St. Louis Consolidated R. R. Co. v. SpencerIllinois Supreme Court · 1894
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3Cited by5 opinions
- R. A. Watson Orchards, Inc. v. New York, Chicago & St. Louis RailroadAppellate Court of Illinois · 1928
- Atwood v. Chicago, Milwaukee & St. Paul Railway Co.Appellate Court of Illinois · 1923
- Consolidated Fireworks Co. of America v. KoehlIllinois Supreme Court · 1903
- Chicago & Alton Railway Co. v. HillAppellate Court of Illinois · 1906
- Chicago & Erie Railroad v. NeilsonAppellate Court of Illinois · 1905