Galena & Chicago Union Railroad v. Appleby
Illinois Supreme Court
This was an action of debt, commenced in the Circuit Court of Stephenson county, by one Daniel W. 'Appleby, against the Galena and Chicago Union Railroad Company, to recover certain alleged penalties which said company incurred under the statute, for not blowing a steam whistle or ringing a bell, in the neighborhood of a public highway. The venue was afterwards changed to Ogle county.
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This was an action of debt, commenced in the Circuit Court of Stephenson county, by one Daniel W. 'Appleby, against the Galena and Chicago Union Railroad Company, to recover certain alleged penalties which said company incurred under the statute, for not blowing a steam whistle or ringing a bell, in the neighborhood of a public highway. The venue was afterwards changed to Ogle county. The first count of the declaration is, in substance, as follows : Daniel W. Appleby, by William Brown, State’s Attorney of the Fourteenth Judicial Circuit of the State of Illinois, who sues as well for the…
1Opinion of the CourtWalkeb, J.
This was an action of debt instituted, in the court below, to recover a number of penalties, for a failure to sound a whistle, or ring a bell, at a public road-crossing. The defense relied upon was presented by two pleas. By the first of these, it is averred, that the company is exempt from the operation of the statute under which this proceeding is instituted, because the thirty-eighth section of the general railway act was repealed so far as it related to this corporation, by the act of the 24th of February, 1854. The second plea avers, that the action is founded upon a supposed amendment…
2Cited by7 opinions
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- Dingman v. PeopleIllinois Supreme Court · 1869
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- Toledo, Peoria & Warsaw Railway Co. v. FosterIllinois Supreme Court · 1867
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