Legal Opinion

Baltimore & Ohio Southwestern Railroad v. Seitzinger

Appellate Court of Illinois

Decided September 9, 1904Published

Action on the case to recover for killing of live stock. Appeal from the Circuit Court of Lawrence County; the Hon. Enoch E. Newlin, Judge, presiding. Heard in this court at the February term, 1904.

1Opinion of the CourtJustice Higbee

This was an action by appellee against appellant to recover damages sustained by him by reason of the death of a mare, alleged to have been brought about by the negligence of appellant. The declaration contained two counts, the first declaring upon the statutory liability of appellant to maintain fences along its right of way. The second alleged that before and on May 3,1903, appellant negligently maintained a barbed wire fence, inclosing its right of way along certain lands adjoining the same in Lawrence county, Illinois, defectively constructed, in bad repair and dangerous to horses, cattle…

2Cases cited2 opinions

  1. Terre Haute & Indianapolis R. R. Co. v. McCordAppellate Court of Illinois · 1894
  2. Louisville & Nashville Railroad v. SheltonAppellate Court of Illinois · 1892

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