Peoria, Pekin & Jacksonville R. R. v. Champ
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Lyman Lacey, Judge, presiding. This was an action originally commenced by the appellee against the appellant, before a justice of the peace, to recover the value of a horse killed by the appellant. The .opinion of the court presents the material facts of the case.
1Opinion of the CourtJustice Scott
At the date plaintiffs horse was killed, it was unlawful for domestic animals to run at large in Peoria county, where the accident occurred. Sess. Laws 1872, p. 116.
Notwithstanding this fact, he turned his horse out upon the commons, adjoining his premises, and from thence it escaped over uninclosed lands of other persons, to the track of the railroad, where it was struck by a train and killed. No fence had been erected on either side of the track, although it was the statutory duty of the company to have erected suitable fences, unless it had been relieved by the agreement of the adjoining…
2Cases cited1 opinion
- Chicago & Northwestern Railway Co. v. HarrisIllinois Supreme Court · 1870
3Cited by14 opinions
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Chicago & Alton Railroad v. KellamIllinois Supreme Court · 1879
- Kansas City v. KirkseySupreme Court of Arkansas · 1886
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