Toledo, Wabash & Western Railroad v. Furgusson
Illinois Supreme Court
Appeal from the Circuit Court of Mason county; the Hon. Charles Emerson, Judge, presiding. . This was an action on the case, brought by Furgusson against the Railway Company, to recover the value of a milch cow killed by a train at or near a street-crossing in the town of Harristown. The jury found a verdict for the plaintiff below, upon which a judgment was rendered. The case is brought to this court by appeal.
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Appeal from the Circuit Court of Mason county; the Hon. Charles Emerson, Judge, presiding. . This was an action on the case, brought by Furgusson against the Railway Company, to recover the value of a milch cow killed by a train at or near a street-crossing in the town of Harristown. The jury found a verdict for the plaintiff below, upon which a judgment was rendered. The case is brought to this court by appeal. At the time the cow was struck, she was standing on the track, fifteen or twenty feet from the crossing at the intersection of a street and the railroad track. There was no gignal…
1Opinion of the CourtJustice Lawrence
This was an action brought by the appellee against the railway company for running over and killing a cow. The plaintiff below recovered a judgment for fifty-five dollars, and the defendant appealed. The cow was killed by the train passing west, just before reaching the station at Harristown. There is a highway crossing just west of the station-house. It is in proof that the bell was not rung nor the whistle blown while the train was passing over the eighty rods preceding the crossing. The only defense relied upon is, that the cow was not on the actual intersection of the railway and the…
2Cases cited1 opinion
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
3Cited by2 opinions
- Toledo, Peoria & Warsaw Railway Co. v. DeaconIllinois Supreme Court · 1872
- Williams v. Chicago & Alton RailroadAppellate Court of Illinois · 1890