Toledo, Peoria & Warsaw Railway Co. v. Bookless
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; the Hon. Charles H. Wood, Judge, presiding. This was an action on the case, brought in the court below, by Bookless against the Toledo, Peoria & Warsaw Railway Company.
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Appeal from the Circuit Court of Iroquois county; the Hon. Charles H. Wood, Judge, presiding. This was an action on the case, brought in the court below, by Bookless against the Toledo, Peoria & Warsaw Railway Company. The declaration was as follows: Oliver P. Bookless, the plaintiff, complains of the Toledo, Peoria & Warsaw Eailroad Company, of a plea of trespass on the case, for that whereas, heretofore, to-wit, on the first day of January, A. D. 1867, and from thenceforward to the commencement of this suit, the defendants were possessed and had the entire control of the Toledo, Peoria &…
1Opinion of the CourtJustice McAllister
This was an action on the case, founded upon the statute of 1855, requiring railroad corporations, under certain circumstances, and with certain exceptions therein specified, to erect and maintain suitable fences on the sides of their railroads, and making them liable for stock killed on their roads in case of failure to do so. The declaration contains but one count, to which appellants filed a special demurrer, which was overruled by the court, and judgment nil dicit rendered against appellants. The sufficiency of this declaration, challenged by special demurrer, is the only question…
2Cited by1 opinion
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