Legal Opinion

McKowan v. Harmon

Appellate Court of Illinois

Decided December 13, 1894PublishedCited by 2 opinions

Memorandum.—Trespass. In the Circuit Court of Peoria County, on appeal from a justice of the peace; the Hon. Nicholas E. Worthington, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,

1Opinion of the CourtJustice Cartwright

This suit was brought by appellee before a justice of the peace to recover damages occasioned by appellant’s hogs to a field of growing corn. Appellee recovered before the justice, and appellant having taken an appeal to the Circuit Court the case was twice tried in that court, and on each occasion the jury found in favor of appellee. The last time the verdict was for $40, and judgment was entered for that amount and costs.

Both parties were tenants and occupied adjoining farms which were separated by a hedge fence 160 rods in length. The defendant turned his hogs into a field of oat stubble…

2Cases cited2 opinions

  1. McCormick v. TateIllinois Supreme Court · 1858
  2. D'Arcy v. MillerIllinois Supreme Court · 1877

3Cited by2 opinions

  1. Supreme Court of Honor v. TurnerAppellate Court of Illinois · 1901
  2. Central Railway Co. v. KnowlesAppellate Court of Illinois · 1901

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