Legal Opinion

Walters v. Stacey

Appellate Court of Illinois

Decided November 24, 1905PublishedCited by 4 opinions

Action of trespass. Appeal from, the Circuit Court of DeWitt County; the Hon. Solon Philbrick, Judge, presiding. Heard in this court at the May term, 1905.

1Opinion of the Court

Hr. Justice Baume

delivered the opinion of the court.

This is a suit in trespass by appellant against appellee to recover the value of a Poland China boar. The fifth and sixth counts of the second amended declaration upon which issue was joined, allege that through the negligence of appellee in failing to keep his portion of a partition fence in repair, a boar in his custody thereby escaped from his pasture into the adjoining pasture of appellant, and there gored and wounded appellant’s boar to its death.

The sufficiency of the original declaration to which a demurrer was sustained, is not…

2Cases cited2 opinions

  1. Bulpit v. MatthewsIllinois Supreme Court · 1893
  2. Selover v. OsgoodAppellate Court of Illinois · 1893

3Cited by4 opinions

  1. Arnold N. May Builders, Inc. v. BrukettaAppellate Court of Illinois · 1978
  2. Suttle v. BrownAppellate Court of Illinois · 1907
  3. Bohlen v. WhitehouseAppellate Court of Illinois · 1910
  4. Walters v. StaceyAppellate Court of Illinois · 1907

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